The Australian judicial system is rife with extremely specialised terminology that a majority of people may have trouble understanding. So when you, or someone in your area has been faced with a criminal charge, it’s crucial that you see the legal terminology that is certainly prone to surface in legal documents and after a trial. Here we’ve provided a directory of many of the more confusing terms and definitions often found in the Australian criminal justice system.
Acquittal:
This term is employed once the magistrate, jury or appeal court find that one is not liable of 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 claims that the contents are, for the best their knowledge, true.
Appeal:
To generate an appeal is usually to please take a case to some higher court to be able to challenge a choice made by a reduced court or tribunal. For instance, an appeal from the decision of the Federal Circuit Court of Australia could possibly be built to the Federal Court. The one who appeals is recognized as the ‘appellant’. However, it’s important to note that does not all decisions might be appealed.
Committal Hearing:
This is the hearing of all the evidence that sports ths charge within the lower court by a magistrate who decides when there is sufficient evidence for your case to visit trial. In most committal hearings, there can be witnesses who will be forced to provide evidence.
Complainant:
This is actually the expression used problem to consult the victim of the crime committed.
Defendant:
This is actually the expression used problem to consult the person who has been arrested for a criminal offence. This term is interchangeable with ‘the accused’.
Deposition:
This is the typed copy of the evidence recorded problem.
Exhibits:
All evidence (besides evidence furnished by the witnesses) forced to present true for the court, like photographs, clothing, documents or another things that could possibly be strongly related true.
Indictable Offence:
A serious Criminal law firms Brisbane that is certainly commonly heard within a higher court before the court plus a jury. Less serious indictable offences, termed as summary offences, usually are heard within a Local Court.
Indictment:
This is the formal written accusation charging you are not an offence that is certainly intended to be tried within a higher court.
Jurisdiction:
This is actually the extent of legal authority/power of the Court to use legislation. For instance, nationwide the Federal Court has jurisdiction under over 150 Acts of the Commonwealth Parliament.
Mediation:
This is the process whereby an impartial 3rd party, referred to as the mediator, aids in causing a compromise or agreed settlement without requiring the decision of the Court.
Plaintiff:
This is actually the expression used to consult the individual or party who initiates a civil action. Put simply, this can be the person or party who brings in a situation against the defendant, and seeks punishment for your person or individuals who committed the crime.
Plea:
This is how the accused person (the defendant) tells the court whether are guilty or otherwise not responsible for the charge against them. If your accused pleads guilty, an endeavor won’t occur along with the case proceeds to some sentencing hearing, which determines the punishment for your crime.
Subpoena:
A subpoena compels the appearance of a person with a trial to be able to testify and/or produce documents. This is the order from the court, and if it’s disobeyed, the disobedient person could possibly be in contempt of court.
Voir Dire:
This is the legal argument in regards to the admissibility of the certain little bit 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.
For those who have inquiries regarding a criminal charge in Brisbane, please don’t hesitate to contact us. Here at Guest Lawyers, we specialise in criminal law and could be delighted to assist you with inquiries or concerns. The purpose to deliver honest, respectful as well as simple to know legal counsel to be able to reduce the stress related to your litigation.
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