The Australian legislation is rife with extremely specialised terminology that a lot of people could possibly have trouble understanding. When you, or someone in the area has been facing a criminal charge, it’s vital that you see the legal terminology which is planning to come up in legal documents and in a trial. Here we’ve provided a listing of a number of the more confusing terms and definitions often found in the Australian criminal justice system.
Acquittal:
This term can be used when the magistrate, jury or appeal court discover that one is not guilty 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 states that the contents are, towards the best their knowledge, true.
Appeal:
To create an appeal is always to have a case to a higher court to be able to challenge a conclusion created by a reduced court or tribunal. By way of example, an appeal coming from a decision of the Federal Circuit Court of Australia may be made to the federal government Court. The one who appeals is known as the ‘appellant’. However, it really is worth noting that does not all decisions can be appealed.
Committal Hearing:
This can be a hearing of all evidence that sports ths charge inside the lower court with a magistrate who decides if you find sufficient evidence for the case to go to trial. In certain committal hearings, there might be witnesses who are forced to provide evidence.
Complainant:
This can be the expression used in the courtroom to consult the victim of the crime committed.
Defendant:
This can be the expression used in the courtroom to consult the individual that will be charged with a criminal offence. This term is interchangeable with ‘the accused’.
Deposition:
This can be a typed copy of the evidence recorded in the courtroom.
Exhibits:
All evidence (besides evidence provided by the witnesses) forced to present true towards the court, including photographs, clothing, documents or other goods that may be highly relevant to true.
Indictable Offence:
A critical Criminal lawyers Brisbane which is commonly heard within a higher court before a judge along with a jury. Less serious indictable offences, known as summary offences, usually are heard within a Local Court.
Indictment:
This can be a formal written accusation charging a person with an offence which is supposed to have been tried within a higher court.
Jurisdiction:
This can be the extent of legal authority/power of the Court to apply legislation. By way of example, in Australia the federal government Court has jurisdiction under more than 150 Acts of the Commonwealth Parliament.
Mediation:
This can be a process whereby a neutral third party, referred to as mediator, assists with leading to a compromise or agreed settlement without requiring your decision of a Court.
Plaintiff:
This can be the expression used to consult anyone or party who initiates a civil action. Quite simply, this can be the person or party who brings a case contrary to the defendant, and seeks punishment for the person or individuals who committed the crime.
Plea:
This is where the accused person (the defendant) tells legal court whether they are guilty or not accountable for the charge against them. In the event the accused pleads guilty, an endeavor won’t occur as well as the case proceeds to a sentencing hearing, which determines the punishment for the crime.
Subpoena:
A subpoena compels the appearance of someone in a trial to be able to testify and/or produce documents. This can be a order from the court, of course, if it really is disobeyed, the disobedient person may be in contempt of court.
Voir Dire:
This can be a legal argument in regards to the admissibility of a certain little bit of evidence in the courtroom. In the case that this argument should occur, the witness as well as the jury are mailed of court until it finishes.
In case you have questions regarding a criminal charge in Brisbane, please don’t hesitate to call us. Only at Guest Lawyers, we concentrate on criminal law and will be more than pleased to help you with questions or concerns. The purpose to offer honest, respectful as well as simple to know legal services to be able to decrease the stress related to your litigation.
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