The Australian legal system is rife with extremely specialised terminology that a lot of people might have trouble understanding. Then when you, or someone in the area has become faced with a criminal charge, it’s important to comprehend the legal terminology that’s more likely to appear in legal documents and throughout a trial. Here we’ve provided a listing of many of the more confusing terms and definitions often utilized in the Australian criminal justice system.
Acquittal:
This term can be used in the event the magistrate, jury or appeal court find that you were not guilty from the charges against him/her.
Affidavit:
A written declaration made under oath before a notary public or other authorised officer. The person who has written the declaration claims that the contents are, on the better of their knowledge, true.
Appeal:
To make an appeal is usually to require a case with a higher court in order to challenge a choice made by a lesser court or tribunal. By way of example, an appeal from the decision from the Federal Circuit Court of Australia could be designed to the Federal Court. The one who appeals is known as the ‘appellant’. However, it really is important to note that does not all decisions could be appealed.
Committal Hearing:
This can be a hearing of all evidence that props up the charge in the lower court with a magistrate who decides when there is sufficient evidence for your case to go to trial. In certain committal hearings, there can be witnesses who are needed 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 one who has charged with an offence. This term is interchangeable with ‘the accused’.
Deposition:
This can be a typed copy from the evidence recorded in the courtroom.
Exhibits:
All evidence (apart from evidence furnished by the witnesses) needed to present the case on the court, such as photographs, clothing, documents or any other items which could be strongly related the case.
Indictable Offence:
A life threatening Criminal lawyer Brisbane that’s commonly heard within a higher court before a judge as well as a jury. Less serious indictable offences, referred to as summary offences, are generally heard within a Local Court.
Indictment:
This can be a formal written accusation charging having it . an offence that’s intended to be tried within a higher court.
Jurisdiction:
This is actually the extent of legal authority/power from the Court to make use of what the law states. By way of example, in Australia the Federal Court has jurisdiction under greater than 150 Acts from the Commonwealth Parliament.
Mediation:
This can be a process whereby an impartial vacation, referred to as mediator, assists with leading to a compromise or agreed settlement without requiring the decision of the Court.
Plaintiff:
This is actually the term used to refer to the person or party who initiates a civil action. Put simply, here is the person or party who brings in a situation from the defendant, and seeks punishment for your person or people that committed the crime.
Plea:
This is where the accused person (the defendant) tells a legal court whether are guilty or not doing the charge against them. If your accused pleads guilty, a shot won’t take place and the case proceeds with a sentencing hearing, which determines the punishment for your crime.
Subpoena:
A subpoena compels each side somebody at a trial in order to testify and/or produce documents. This can be a order from the court, of course, if it really is disobeyed, the disobedient person might be in contempt of court.
Voir Dire:
This can be a legal argument in regards to the admissibility of the certain little bit of evidence in the courtroom. In the event that this argument should take place, the witness and the jury are sent of court until it finishes.
If you have inquiries regarding a criminal charge in Brisbane, please don’t hesitate to get hold of us. At Guest Lawyers, we specialise in criminal law and could be more than pleased to assist you with inquiries or concerns. Goal to provide honest, respectful and straightforward to comprehend legal advice in order to lessen the stress related to your litigation.
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