The Australian judicial system is rife with extremely specialised terminology that a lot of people could have trouble understanding. While you, or someone close to you continues to be faced with a criminal charge, it’s imperative that you view the legal terminology that’s likely to surface in legal documents and after a trial. Here we’ve provided a summary of some of the more confusing terms and definitions often used in the Australian criminal justice system.
Acquittal:
This term is used when the magistrate, jury or appeal court find that you were innocent from the charges against him/her.
Affidavit:
A written declaration made under oath before a notary public or any other authorised officer. The individual that has written the declaration states that the contents are, towards the best their knowledge, true.
Appeal:
To produce an appeal is to have a case with a higher court as a way to challenge a conclusion created by less court or tribunal. For instance, an appeal coming from a decision from the Federal Circuit Court of Australia might be created to the federal government Court. The individual that appeals is called the ‘appellant’. However, it’s worth noting that doesn’t all decisions could be appealed.
Committal Hearing:
This is the hearing of all the so-called evidence that supports the charge within the lower court with a magistrate who decides when there is sufficient evidence for your case to venture to trial. In some committal hearings, there may be witnesses who’re necessary to provide evidence.
Complainant:
This is actually the saying used problem to consult the victim from the crime committed.
Defendant:
This is actually the saying used problem to consult the person who has charged with an offence. This term is interchangeable with ‘the accused’.
Deposition:
This is the typed copy from the evidence recorded problem.
Exhibits:
All evidence (besides evidence supplied by the witnesses) necessary to present the case towards the court, including photographs, clothing, documents or any other things that might be relevant to the case.
Indictable Offence:
A serious Lawyers in Brisbane that’s commonly heard in a higher court before a judge and a jury. Less serious indictable offences, termed as summary offences, are often heard in a Local Court.
Indictment:
This is the formal written accusation charging a person with an offence that’s intended as tried in a higher court.
Jurisdiction:
This is actually the extent of legal authority/power from the Court to utilize legislation. For instance, around australia the federal government Court has jurisdiction under greater than 150 Acts from the Commonwealth Parliament.
Mediation:
This is the process whereby a neutral alternative party, referred to as the mediator, assists with contributing to a compromise or agreed settlement without requiring the decision of a Court.
Plaintiff:
This is actually the saying used to consult the person or party who initiates a civil action. Quite simply, this is actually the person or party who brings a case against the defendant, and seeks punishment for your person or those who committed the crime.
Plea:
This is the time the accused person (the defendant) tells legal court if they are guilty or otherwise accountable for the charge against them. If the accused pleads guilty, an endeavor will not take place along with the case proceeds with a sentencing hearing, which determines the punishment for your crime.
Subpoena:
A subpoena compels the look of an individual in a trial as a way to testify and/or produce documents. This is the court order, if it’s disobeyed, the disobedient person could possibly be in contempt of court.
Voir Dire:
This is the legal argument concerning the admissibility of a certain part of evidence problem. In the event that this argument should take place, the witness along with the jury are delivered of court until it finishes.
In case you have any queries regarding a criminal charge in Brisbane, please don’t hesitate to get hold of us. Only at Guest Lawyers, we focus on criminal law and would be happy that may help you with any queries or concerns. Goal to supply honest, respectful as well as simple to understand legal advice as a way to slow up the stress related to your litigation.
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