The Australian judicial system is rife with extremely specialised terminology that a lot of people might have trouble understanding. While you, or someone in your area may be confronted with a criminal charge, it’s important to see the legal terminology which is planning to come up in legal documents and throughout a trial. Here we’ve provided a summary 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 realize that an individual is simple with the charges against him/her.
Affidavit:
An itemized declaration made under oath before a notary public and other authorised officer. The individual who has written the declaration states that the contents are, for the best their knowledge, true.
Appeal:
To create an appeal would be to take a case into a higher court so that you can challenge a choice produced by a lower court or tribunal. By way of example, an appeal from a decision with the Federal Circuit Court of Australia could be made to the federal government Court. The person who appeals is known as the ‘appellant’. However, it’s worth noting that all decisions can be appealed.
Committal Hearing:
This is a hearing of all the evidence that sports ths charge in the lower court by the magistrate who decides if there is sufficient evidence for your case to venture to trial. In most committal hearings, there can be witnesses who will be required to provide evidence.
Complainant:
This is the saying used in the court to consult the victim with the crime committed.
Defendant:
This is the saying used in the court to consult the one who will be faced with a criminal offence. This term is interchangeable with ‘the accused’.
Deposition:
This is a typed copy with the evidence recorded in the court.
Exhibits:
All evidence (in addition to evidence provided by the witnesses) required to present the situation for the court, for example photographs, clothing, documents or other things that could be highly relevant to the situation.
Indictable Offence:
A life threatening Lawyer Brisbane which is commonly heard in a higher court before the court along with a jury. Less serious indictable offences, referred to as summary offences, are often heard in a Local Court.
Indictment:
This is a formal written accusation charging having it . an offence which is supposed to have been tried in a higher court.
Jurisdiction:
This is the extent of legal authority/power with the Court to apply what the law states. By way of example, australia wide the federal government Court has jurisdiction under more than 150 Acts with the Commonwealth Parliament.
Mediation:
This is a process whereby an impartial 3rd party, known as the mediator, assists with leading to a compromise or agreed settlement without requiring the decision of the Court.
Plaintiff:
This is the saying used to consult anyone or party who initiates a civil action. Put simply, this can be the person or party who brings in a situation up against the defendant, and seeks punishment for your person or individuals who committed the crime.
Plea:
This is how the accused person (the defendant) tells legal court whether or not they are guilty you aren’t guilty of the charge against them. In the event the accused pleads guilty, a shot is not going to take place as well as the case proceeds into a sentencing hearing, which determines the punishment for your crime.
Subpoena:
A subpoena compels the look of somebody at a trial so that you can testify and/or produce documents. This is a order from the court, of course, if it’s disobeyed, the disobedient person could be in contempt of court.
Voir Dire:
This is a legal argument concerning the admissibility of the certain piece of evidence in the court. In the event that this argument should occur, the witness as well as the jury are delivered of court until it finishes.
When you have any questions regarding a criminal charge in Brisbane, please don’t hesitate to make contact with us. At Guest Lawyers, we specialise in criminal law and would be more than pleased that may help you with any questions or concerns. Our aim is to provide honest, respectful and straightforward to be aware of legal services so that you can lessen the stress associated with your litigation.
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