The Australian courts is rife with extremely specialised terminology that a lot of people might have trouble understanding. Then when you, or someone in your area continues to be up against a criminal charge, it’s imperative that you understand the legal terminology that is certainly likely to show up in legal documents and after a trial. Here we’ve provided a directory of some of the more confusing terms and definitions often utilized in the Australian criminal justice system.
Acquittal:
This term is utilized if the magistrate, jury or appeal court realize that a person is innocent from the charges against him/her.
Affidavit:
An itemized declaration made under oath before a notary public or any other authorised officer. The person who has written the declaration claims that the contents are, towards the best their knowledge, true.
Appeal:
To create an appeal is to please take a case with a higher court as a way to challenge a conclusion manufactured by a reduced court or tribunal. By way of example, an appeal from the decision from the Federal Circuit Court of Australia may be made to the federal government Court. The one who appeals is recognized as the ‘appellant’. However, it is worth noting that does not all decisions could be appealed.
Committal Hearing:
This can be a hearing of all the evidence that props up charge from the lower court with a magistrate who decides when there is sufficient evidence for the case to venture to trial. In some committal hearings, there could be witnesses who are necessary to provide evidence.
Complainant:
This can be the term used problem to consult the victim from the crime committed.
Defendant:
This can be the term used problem to consult the individual that is being involved in an offence. This term is interchangeable with ‘the accused’.
Deposition:
This can be a typed copy from the evidence recorded problem.
Exhibits:
All evidence (aside from evidence supplied by the witnesses) necessary to present the truth towards the court, like photographs, clothing, documents or any other things that may be highly relevant to the truth.
Indictable Offence:
A serious Lawyer Brisbane that is certainly commonly heard in the higher court before the court as well as a jury. Less serious indictable offences, referred to as summary offences, are usually heard in the Local Court.
Indictment:
This can be a formal written accusation charging having it . an offence that is certainly intended to be tried in the higher court.
Jurisdiction:
This can be the extent of legal authority/power from the Court to apply what the law states. By way of example, in Australia the federal government Court has jurisdiction under over 150 Acts from the Commonwealth Parliament.
Mediation:
This can be a process whereby an impartial alternative party, known as the mediator, aids in leading to a compromise or agreed settlement without requiring your choice of a Court.
Plaintiff:
This can be the term used to consult anyone or party who initiates a civil action. To put it differently, this can be the person or party who brings an incident up against the defendant, and seeks punishment for the person or individuals who committed the crime.
Plea:
This is how the accused person (the defendant) tells legal court whether or not they are guilty or otherwise not doing the charge against them. If your accused pleads guilty, a trial won’t happen and the case proceeds with a sentencing hearing, which determines the punishment for the crime.
Subpoena:
A subpoena compels the look of someone at the trial as a way to testify and/or produce documents. This can be a court order, and if it is disobeyed, the disobedient person could possibly be in contempt of court.
Voir Dire:
This can be a legal argument in regards to the admissibility of a certain part of evidence problem. If this argument should happen, the witness and the jury are mailed of court until it finishes.
In case you have any queries regarding a criminal charge in Brisbane, please don’t hesitate to make contact with us. At Guest Lawyers, we focus on criminal law and will be happy that may help you with any queries or concerns. The purpose to supply honest, respectful and simple to understand legal services as a way to lessen the stress related to your litigation.
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