The Australian legislation is rife with extremely specialised terminology that a majority of people may have trouble understanding. When you, or someone in the area has become confronted with a criminal charge, it’s crucial that you understand the legal terminology that’s likely to surface 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 utilized in the event the magistrate, jury or appeal court find that a person is simple with the charges against him/her.
Affidavit:
An itemized declaration made under oath before a notary public or any other authorised officer. The person who has written the declaration claims that the contents are, on the better of their knowledge, true.
Appeal:
To create an appeal is usually to please take a case to some higher court to be able to challenge a determination produced by less court or tribunal. For example, an appeal from a decision with the Federal Circuit Court of Australia may be made to the federal government Court. The person who appeals is known as the ‘appellant’. However, it can be worth noting that doesn’t all decisions may be appealed.
Committal Hearing:
This can be a hearing of all the so-called evidence that supports the charge from the lower court with a magistrate who decides if there is sufficient evidence for the case to attend trial. In some committal hearings, there might be witnesses who’re needed to provide evidence.
Complainant:
This can be the expression used in court to consult the victim with the crime committed.
Defendant:
This can be the expression used in court to consult the one that has been arrested for an offence. This term is interchangeable with ‘the accused’.
Deposition:
This can be a typed copy with the evidence recorded in court.
Exhibits:
All evidence (besides evidence given by the witnesses) needed to present the situation on the court, such as photographs, clothing, documents or other goods that may be relevant to the situation.
Indictable Offence:
A significant Brisbane criminal lawyer that’s commonly heard in the higher court before a judge plus a jury. Less serious indictable offences, known as summary offences, are generally heard in the Local Court.
Indictment:
This can be a formal written accusation charging you aren’t an offence that’s intended to be tried in the higher court.
Jurisdiction:
This can be the extent of legal authority/power with the Court to make use of what the law states. For example, in Australia the federal government Court has jurisdiction under greater than 150 Acts with the Commonwealth Parliament.
Mediation:
This can be a process whereby a neutral third party, referred to as mediator, assists with causing a compromise or agreed settlement without requiring your decision of your Court.
Plaintiff:
This can be the expression used to consult the person or party who initiates a civil action. Put simply, here is the person or party who brings an incident against the defendant, and seeks punishment for the person or people that committed the crime.
Plea:
This is the time the accused person (the defendant) tells legal court whether are guilty or otherwise accountable for the charge against them. If the accused pleads guilty, an endeavor won’t come about along with the case proceeds to some sentencing hearing, which determines the punishment for the crime.
Subpoena:
A subpoena compels the appearance of a person with a trial to be able to testify and/or produce documents. This can be a court ruling, if it can be disobeyed, the disobedient person could possibly be in contempt of court.
Voir Dire:
This can be a legal argument regarding the admissibility of your certain part of evidence in court. If this argument should occur, the witness along with the jury are mailed of court until it finishes.
When you have inquiries regarding a criminal charge in Brisbane, please don’t hesitate to make contact with us. Here at Guest Lawyers, we specialize in criminal law and could be delighted to help you with inquiries or concerns. The purpose to offer honest, respectful and straightforward to comprehend legal counsel to be able to slow up the stress linked to your litigation.
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