The Australian courts is rife with extremely specialised terminology that a majority of people could have trouble understanding. While you, or someone close to you has been confronted with a criminal charge, it’s crucial that you understand the legal terminology that’s more likely to come up in legal documents and in a trial. Here we’ve provided a list of some of the more confusing terms and definitions often utilized in the Australian criminal justice system.
Acquittal:
This term is employed once the magistrate, jury or appeal court see that a person is simple from the charges against him/her.
Affidavit:
A written declaration made under oath before a notary public and other authorised officer. The one who has written the declaration claims that the contents are, on the best of their knowledge, true.
Appeal:
To make an appeal is to have a case with a higher court to be able to challenge a choice made by less court or tribunal. As an example, an appeal from the decision from the Federal Circuit Court of Australia may be made to the federal government Court. The one who appeals is termed the ‘appellant’. However, it is worth noting that doesn’t all decisions could be appealed.
Committal Hearing:
This can be a hearing of all the evidence that props up charge in the lower court with a magistrate who decides if you find sufficient evidence for your case to go to trial. In a few committal hearings, there could be witnesses who will be needed to provide evidence.
Complainant:
Here is the expression used in the courtroom to consult the victim from the crime committed.
Defendant:
Here is the expression used in the courtroom to consult the one who has been faced 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 (in addition to evidence provided by the witnesses) needed to present the truth on the court, such as photographs, clothing, documents or another items which may be tightly related to the truth.
Indictable Offence:
A significant Criminal law firms Brisbane that’s commonly heard in a higher court before a judge as well as a jury. Less serious indictable offences, known as summary offences, are often heard in a Local Court.
Indictment:
This can be a formal written accusation charging having it . an offence that’s supposed to have been tried in a higher court.
Jurisdiction:
Here is the extent of legal authority/power from the Court to make use of the law. As an example, nationwide the federal government Court has jurisdiction under a lot more than 150 Acts from the Commonwealth Parliament.
Mediation:
This can be a process whereby an impartial alternative party, referred to as mediator, aids in leading to a compromise or agreed settlement without requiring your decision of a Court.
Plaintiff:
Here is the expression used to consult anyone 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 those who committed the crime.
Plea:
This is where the accused person (the defendant) tells legal court whether or not they are guilty or otherwise not doing the charge against them. If the accused pleads guilty, an effort will not take place and also the case proceeds with a sentencing hearing, which determines the punishment for your crime.
Subpoena:
A subpoena compels the look of someone at a trial to be able to testify and/or produce documents. This can be a court order, if it is disobeyed, the disobedient person could be in contempt of court.
Voir Dire:
This can be a legal argument concerning the admissibility of a certain piece of evidence in the courtroom. If this argument should occur, the witness and also the jury are delivered of court until it finishes.
For those who have any queries regarding a criminal charge in Brisbane, please don’t hesitate to get hold of us. Only at Guest Lawyers, we specialize in criminal law and would be more than happy to assist you with any queries or concerns. The purpose to deliver honest, respectful and straightforward to be aware of legal services to be able to slow up the stress related to your litigation.
To read more about Criminal law firms Brisbane take a look at this web portal: check it out