The Australian legal system is rife with extremely specialised terminology that a lot of people could possibly have trouble understanding. So when you, or someone in your area has been facing a criminal charge, it’s vital that you comprehend the legal terminology that’s likely to appear in legal documents and throughout a trial. Here we’ve provided a directory of some of the more confusing terms and definitions often found in the Australian criminal justice system.
Acquittal:
This term can be used in the event the magistrate, jury or appeal court discover that you were simple of the charges against him/her.
Affidavit:
An itemized 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, on the best their knowledge, true.
Appeal:
To create an appeal would be to require a case with a higher court in order to challenge a determination made by a lower court or tribunal. For instance, an appeal from a decision of the Federal Circuit Court of Australia could possibly be created to the Federal Court. The one that appeals is known as the ‘appellant’. However, it is worth noting that not all decisions could be appealed.
Committal Hearing:
This is a hearing of all of the evidence that supports the charge in the lower court by a magistrate who decides if there is sufficient evidence to the case to visit trial. In certain committal hearings, there may be witnesses who will be required to provide evidence.
Complainant:
This is the saying used in the courtroom to consult the victim of the crime committed.
Defendant:
This is the saying used in the courtroom to consult the person who has been charged with a criminal offence. This term is interchangeable with ‘the accused’.
Deposition:
This is a typed copy of the evidence recorded in the courtroom.
Exhibits:
All evidence (apart from evidence provided by the witnesses) required to present the truth on the court, such as photographs, clothing, documents or other goods that could possibly be strongly related the truth.
Indictable Offence:
A critical Criminal lawyers Brisbane that’s commonly heard in the higher court before a judge and a jury. Less serious indictable offences, known as summary offences, are generally heard in the Local Court.
Indictment:
This is a formal written accusation charging you aren’t an offence that’s intended as tried in the higher court.
Jurisdiction:
This is the extent of legal authority/power of the Court to apply regulations. For instance, australia wide the Federal Court has jurisdiction under more than 150 Acts of the Commonwealth Parliament.
Mediation:
This is a process whereby an impartial alternative party, referred to as the mediator, aids in leading to an agreement or agreed settlement without requiring your choice of your Court.
Plaintiff:
This is the saying used to consult anyone or party who initiates a civil action. In other words, here is the person or party who brings a case contrary to the defendant, and seeks punishment to the person or people who committed the crime.
Plea:
This is when the accused person (the defendant) tells legal court whether are guilty you aren’t responsible for the charge against them. When the accused pleads guilty, a trial won’t occur as well as the case proceeds with a sentencing hearing, which determines the punishment to the crime.
Subpoena:
A subpoena compels each side a person at the trial in order to testify and/or produce documents. This is a court order, and when it is disobeyed, the disobedient person could possibly be in contempt of court.
Voir Dire:
This is a legal argument regarding the admissibility of your certain part of evidence in the courtroom. If this argument should occur, the witness as well as the jury are sent out of court until it finishes.
For those who have inquiries regarding a criminal charge in Brisbane, please don’t hesitate to get hold of us. At Guest Lawyers, we specialise in criminal law and can be more than happy that will help you with inquiries or concerns. Our aim is to deliver honest, respectful as well as simple to understand legal advice in order to lessen the stress connected with your litigation.
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