The Australian legal system is rife with extremely specialised terminology that most people may have trouble understanding. Then when you, or someone close to you may be facing a criminal charge, it’s important to comprehend the legal terminology which is prone 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 employed in the Australian criminal justice system.
Acquittal:
This term is employed when the magistrate, jury or appeal court realize that an individual is simple in the charges against him/her.
Affidavit:
An itemized declaration made under oath before a notary public or another authorised officer. The individual who has written the declaration states that the contents are, towards the better of their knowledge, true.
Appeal:
To make an appeal is to require a case into a higher court as a way to challenge a conclusion manufactured by a lower court or tribunal. For instance, an appeal from the decision in the Federal Circuit Court of Australia could possibly be designed to the government Court. The one who appeals is recognized as the ‘appellant’. However, it is worth noting that not all decisions could be appealed.
Committal Hearing:
This can be a hearing of all the so-called evidence that sports ths charge within the lower court with a magistrate who decides if you find sufficient evidence for your case to attend trial. In some committal hearings, there may be witnesses who will be needed to provide evidence.
Complainant:
This is actually the saying used problem to refer to the victim in the crime committed.
Defendant:
This is actually the saying used problem to refer to the one who has involved in a criminal offence. This term is interchangeable with ‘the accused’.
Deposition:
This can be a typed copy in the evidence recorded problem.
Exhibits:
All evidence (in addition to evidence provided by the witnesses) needed to present the truth towards the court, like photographs, clothing, documents or other items that could possibly be relevant to the truth.
Indictable Offence:
A significant Brisbane criminal lawyers which is commonly heard in the higher court before a judge along with a jury. Less serious indictable offences, termed as summary offences, usually are heard in the Local Court.
Indictment:
This can be a formal written accusation charging you aren’t an offence which is intended as tried in the higher court.
Jurisdiction:
This is actually the extent of legal authority/power in the Court to make use of what the law states. For instance, nationwide the government Court has jurisdiction under more than 150 Acts in the Commonwealth Parliament.
Mediation:
This can be a process whereby an impartial vacation, referred to as the mediator, aids in leading to an agreement or agreed settlement without requiring your decision of your Court.
Plaintiff:
This is actually the saying used to refer to the individual or party who initiates a civil action. In other words, this is the person or party who brings an instance contrary to the defendant, and seeks punishment for your person or those who committed the crime.
Plea:
This is when the accused person (the defendant) tells a legal court whether are guilty you aren’t guilty of the charge against them. If your accused pleads guilty, an effort will not come about and also the case proceeds into a sentencing hearing, which determines the punishment for your crime.
Subpoena:
A subpoena compels the look of an individual with a trial as a way to testify and/or produce documents. This can be a court ruling, and when it is disobeyed, the disobedient person could possibly be in contempt of court.
Voir Dire:
This can be a legal argument in regards to the admissibility of your certain little bit of evidence problem. In the case that this argument should happen, the witness and also 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 make contact with us. Only at Guest Lawyers, we concentrate on criminal law and will be delighted to help you with inquiries or concerns. Our aim is to provide honest, respectful as well as simple to know legal advice as a way to slow up the stress associated with your litigation.
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