The Australian legal system is rife with extremely specialised terminology that many people could have trouble understanding. So when you, or someone in your area continues to be confronted with a criminal charge, it’s crucial that you comprehend the legal terminology that is certainly planning to appear in legal documents and in a trial. Here we’ve provided a listing of a number of the more confusing terms and definitions often utilized in the Australian criminal justice system.
Acquittal:
This term is used once the magistrate, jury or appeal court discover that an individual is not guilty from the charges against him/her.
Affidavit:
A written declaration made under oath before a notary public and other authorised officer. The individual that has written the declaration claims that the contents are, to the better of their knowledge, true.
Appeal:
To produce an appeal is usually to take a case to a higher court so that you can challenge a decision created by a lower court or tribunal. By way of example, an appeal from a decision from the Federal Circuit Court of Australia could possibly be created to the Federal Court. The person who appeals is termed the ‘appellant’. However, it can be important to note that not all decisions could be appealed.
Committal Hearing:
This can be a hearing of all evidence that supports the charge from the lower court by the magistrate who decides if you have sufficient evidence for your case to go to trial. In most committal hearings, there may be witnesses who are forced to provide evidence.
Complainant:
Here is the term used in court to consult the victim from the crime committed.
Defendant:
Here is the term used in court to consult the person who will be faced with a criminal offence. This term is interchangeable with ‘the accused’.
Deposition:
This can be a typed copy from the evidence recorded in court.
Exhibits:
All evidence (apart from evidence furnished by the witnesses) forced to present the situation to the court, like photographs, clothing, documents or some other items which could possibly be strongly related the situation.
Indictable Offence:
A significant Brisbane lawyers that is certainly commonly heard inside a higher court before a judge plus a jury. Less serious indictable offences, known as summary offences, are generally heard inside a Local Court.
Indictment:
This can be a formal written accusation charging having it . an offence that is certainly intended as tried inside a higher court.
Jurisdiction:
Here is the extent of legal authority/power from the Court to apply the law. By way of example, around australia the Federal Court has jurisdiction under more than 150 Acts from the Commonwealth Parliament.
Mediation:
This can be a process whereby an impartial vacation, known as the mediator, assists with causing a compromise or agreed settlement without requiring your decision of a Court.
Plaintiff:
Here is the term used to consult the individual or party who initiates a civil action. To put it differently, this is actually the person or party who brings a case contrary to the defendant, and seeks punishment for your person or people that committed the crime.
Plea:
This is where the accused person (the defendant) tells a legal court whether or not they are guilty or not accountable for the charge against them. If the accused pleads guilty, a trial will not occur as well as the case proceeds to a sentencing hearing, which determines the punishment for your crime.
Subpoena:
A subpoena compels the appearance of a person at a trial so that you can testify and/or produce documents. This can be a order from the court, and if it can be disobeyed, the disobedient person might be in contempt of court.
Voir Dire:
This can be a legal argument regarding the admissibility of a certain little bit of evidence in court. In the case that this argument should occur, the witness as well as the jury are sent of court until it finishes.
If you have any questions regarding a criminal charge in Brisbane, please don’t hesitate to contact us. At Guest Lawyers, we concentrate on criminal law and would be more than pleased that may help you with any questions or concerns. The purpose to deliver honest, respectful as well as simple to comprehend legal counsel so that you can reduce the stress connected with your litigation.
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