The Australian legislation is rife with extremely specialised terminology that a majority of people could have trouble understanding. So when you, or someone in your area has been confronted with a criminal charge, it’s vital that you understand the legal terminology that is likely to appear in legal documents and within a trial. Here we’ve provided a directory of some of the more confusing terms and definitions often found in the Australian criminal justice system.
Acquittal:
This term can be used if the magistrate, jury or appeal court discover that one is innocent from the charges against him/her.
Affidavit:
A written declaration made under oath before a notary public or another authorised officer. The individual who has written the declaration claims that the contents are, to the best their knowledge, true.
Appeal:
To generate an appeal is to take a case to a higher court as a way to challenge a conclusion made by a reduced court or tribunal. As an example, an appeal from your decision from the Federal Circuit Court of Australia might be designed to the federal government Court. The one that appeals is recognized as the ‘appellant’. However, it is important to note that not all decisions could be appealed.
Committal Hearing:
This is a hearing of all the so-called evidence that props up charge within the lower court by a magistrate who decides if you have sufficient evidence for your case to attend trial. In certain committal hearings, there might be witnesses who’re required to provide evidence.
Complainant:
This is actually the term used in the courtroom to refer to the victim from the crime committed.
Defendant:
This is actually the term used in the courtroom to refer to the individual that is being faced with a criminal offence. This term is interchangeable with ‘the accused’.
Deposition:
This is a typed copy from the evidence recorded in the courtroom.
Exhibits:
All evidence (in addition to evidence provided by the witnesses) required to present true to the court, including photographs, clothing, documents or another items which might be relevant to true.
Indictable Offence:
A significant Lawyers in Brisbane that is commonly heard in a higher court before a judge along with a jury. Less serious indictable offences, referred to as summary offences, usually are heard in a Local Court.
Indictment:
This is a formal written accusation charging having it . an offence that is supposed to have been tried in a higher court.
Jurisdiction:
This is actually the extent of legal authority/power from the Court to make use of the law. As an example, australia wide the federal government Court has jurisdiction under more than 150 Acts from the Commonwealth Parliament.
Mediation:
This is a process whereby an impartial vacation, known as the mediator, assists in causing an agreement or agreed settlement without requiring the decision of the Court.
Plaintiff:
This is actually the term used to refer to anyone or party who initiates a civil action. Put simply, this can be the person or party who brings a case up against the defendant, and seeks punishment for your person or those who committed the crime.
Plea:
This is when the accused person (the defendant) tells the judge whether are guilty or otherwise not accountable for the charge against them. In the event the accused pleads guilty, an effort won’t occur and also the case proceeds to a sentencing hearing, which determines the punishment for your crime.
Subpoena:
A subpoena compels the look of somebody in a trial as a way to testify and/or produce documents. This is a order from the court, of course, if it is disobeyed, the disobedient person could possibly be in contempt of court.
Voir Dire:
This is a legal argument about the admissibility of the certain piece of evidence in the courtroom. In the event that this argument should occur, the witness and also the jury are mailed of court until it finishes.
If you have questions regarding a criminal charge in Brisbane, please don’t hesitate to get hold of us. Here at Guest Lawyers, we concentrate on criminal law and can be more than happy that may help you with questions or concerns. Our aim is to deliver honest, respectful and easy to comprehend legal counsel as a way to slow up the stress linked to your litigation.
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