The Australian courts is rife with extremely specialised terminology that most people could have trouble understanding. So when you, or someone in your area has become confronted with a criminal charge, it’s vital that you understand the legal terminology that is more likely to appear in legal documents and throughout a trial. Here we’ve provided a summary of many of the more confusing terms and definitions often used in the Australian criminal justice system.
Acquittal:
This term is utilized if the magistrate, jury or appeal court see that an individual is not liable with the charges against him/her.
Affidavit:
A written declaration made under oath before a notary public or another authorised officer. The individual that has written the declaration claims that the contents are, on the better of their knowledge, true.
Appeal:
To produce an appeal is usually to please take a case with a higher court as a way to challenge a choice created by a lesser court or tribunal. As an example, an appeal from a decision with the Federal Circuit Court of Australia may be designed to the Federal Court. The one who appeals is termed the ‘appellant’. However, it can be important to note that does not all decisions can be appealed.
Committal Hearing:
It is a hearing of all the so-called evidence that sports ths charge inside the lower court by the magistrate who decides if you find sufficient evidence for the case to attend trial. In certain committal hearings, there might be witnesses who’re forced to provide evidence.
Complainant:
This is the expression used problem to consult the victim with the crime committed.
Defendant:
This is the expression used problem to consult the one who has charged with a criminal offence. This term is interchangeable with ‘the accused’.
Deposition:
It is a typed copy with the evidence recorded problem.
Exhibits:
All evidence (aside from evidence provided by the witnesses) forced to present the truth on the court, for example photographs, clothing, documents or other things that may be strongly related the truth.
Indictable Offence:
A significant Lawyer Brisbane that is commonly heard in the higher court before a judge plus a jury. Less serious indictable offences, termed as summary offences, are usually heard in the Local Court.
Indictment:
It is a formal written accusation charging you are not an offence that is intended to be tried in the higher court.
Jurisdiction:
This is the extent of legal authority/power with the Court to apply legislation. As an example, australia wide the Federal Court has jurisdiction under a lot more than 150 Acts with the Commonwealth Parliament.
Mediation:
It is a process whereby a neutral 3rd party, known as the mediator, assists in causing a compromise or agreed settlement without requiring your choice of a Court.
Plaintiff:
This is the expression used to consult anybody or party who initiates a civil action. Put simply, this is the person or party who brings an instance 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 the court whether they are guilty or not responsible for the charge against them. When the accused pleads guilty, an endeavor will not likely happen as well as the case proceeds with a sentencing hearing, which determines the punishment for the crime.
Subpoena:
A subpoena compels the appearance of a person at a trial as a way to testify and/or produce documents. It is a court order, and when it can be disobeyed, the disobedient person could possibly be in contempt of court.
Voir Dire:
It is a legal argument about the admissibility of a certain part of evidence problem. If this argument should take place, the witness as well as the jury are sent of court until it finishes.
When you have any queries regarding a criminal charge in Brisbane, please don’t hesitate to contact us. Here at Guest Lawyers, we focus on criminal law and will be more than pleased to help you with any queries or concerns. The purpose to provide honest, respectful as well as simple to know legal services as a way to decrease the stress related to your litigation.
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