The Australian legislation is rife with extremely specialised terminology that a lot of people may have trouble understanding. While you, or someone in the area has been confronted with a criminal charge, it’s vital that you understand the legal terminology which is prone to come up in legal documents and after a trial. Here we’ve provided a summary of many of the more confusing terms and definitions often employed in the Australian criminal justice system.
Acquittal:
This term is employed in the event the magistrate, jury or appeal court discover that one is innocent of the charges against him/her.
Affidavit:
A written declaration made under oath before a notary public or any other authorised officer. The individual who has written the declaration claims that the contents are, for the better of their knowledge, true.
Appeal:
To generate an appeal would be to have a case into a higher court so that you can challenge a determination manufactured by a reduced court or tribunal. As an example, an appeal coming from a decision of the Federal Circuit Court of Australia might be created to the federal government Court. The one who appeals is termed the ‘appellant’. However, it’s important to note that all decisions can be appealed.
Committal Hearing:
It is a hearing of all evidence that supports the charge in the lower court with a magistrate who decides if there is sufficient evidence for the case to attend trial. In certain committal hearings, there may be witnesses that are needed to provide evidence.
Complainant:
This is actually the expression used problem to refer to the victim of the crime committed.
Defendant:
This is actually the expression used problem to refer to the one who has charged with an offence. This term is interchangeable with ‘the accused’.
Deposition:
It is a typed copy of the evidence recorded problem.
Exhibits:
All evidence (in addition to evidence furnished by the witnesses) needed to present the situation for the court, for example photographs, clothing, documents or some other items which might be highly relevant to the situation.
Indictable Offence:
A critical Criminal lawyer Brisbane which is commonly heard in the higher court before a judge along with a jury. Less serious indictable offences, termed as summary offences, usually are heard in the Local Court.
Indictment:
It is a formal written accusation charging having it . an offence which is supposed to have been tried in the higher court.
Jurisdiction:
This is actually the extent of legal authority/power of the Court to apply the law. As an example, australia wide the federal government Court has jurisdiction under a lot more than 150 Acts of the Commonwealth Parliament.
Mediation:
It is a process whereby a neutral alternative party, called the mediator, assists in causing a compromise or agreed settlement without requiring the choice of your Court.
Plaintiff:
This is actually the expression used to refer to the person or party who initiates a civil action. Put simply, this is actually the person or party who brings an incident against the defendant, and seeks punishment for the person or individuals who committed the crime.
Plea:
This is the time the accused person (the defendant) tells a legal court whether are guilty or not guilty of the charge against them. If your accused pleads guilty, an effort won’t take place and also the case proceeds into a sentencing hearing, which determines the punishment for the crime.
Subpoena:
A subpoena compels the appearance of a person with a trial so that you can testify and/or produce documents. It is a order from the court, and if it’s disobeyed, the disobedient person could possibly be in contempt of court.
Voir Dire:
It is a legal argument about the admissibility of your certain part of evidence problem. If this argument should occur, the witness and also the jury are mailed of court until it finishes.
For those who have inquiries regarding a criminal charge in Brisbane, please don’t hesitate to contact us. Only at Guest Lawyers, we specialise in criminal law and can be happy to help you with inquiries or concerns. Goal to deliver honest, respectful as well as simple to know legal counsel so that you can reduce the stress connected with your litigation.
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