The Australian legal system is rife with extremely specialised terminology that many people could have trouble understanding. Then when you, or someone in the area may be confronted with a criminal charge, it’s vital that you see the legal terminology that is likely to appear in legal documents and after a trial. Here we’ve provided a summary of many of the more confusing terms and definitions often found in the Australian criminal justice system.
Acquittal:
This term is utilized when the magistrate, jury or appeal court realize that a person is innocent in the charges against him/her.
Affidavit:
An itemized declaration made under oath before a notary public or another authorised officer. The individual that has written the declaration states that the contents are, for the best their knowledge, true.
Appeal:
To create an appeal is to please take a case into a higher court to be able to challenge a choice produced by a reduced court or tribunal. For example, an appeal coming from a decision in the Federal Circuit Court of Australia could be built to the government Court. The one who appeals is known as the ‘appellant’. However, it’s important to note that does not all decisions can be appealed.
Committal Hearing:
This is a hearing of all the evidence that props up the charge from the lower court by a magistrate who decides if you find sufficient evidence for that case to visit trial. In certain committal hearings, there may be witnesses who will be forced to provide evidence.
Complainant:
This is the expression used in the courtroom to refer to the victim in the crime committed.
Defendant:
This is the expression used in the courtroom to refer to the individual that has been arrested for a criminal offence. This term is interchangeable with ‘the accused’.
Deposition:
This is a typed copy in the evidence recorded in the courtroom.
Exhibits:
All evidence (aside from evidence supplied by the witnesses) forced to present the case for the court, for example photographs, clothing, documents or another things that could be relevant to the case.
Indictable Offence:
A critical Lawyer Brisbane that is commonly heard in a higher court before the court plus a jury. Less serious indictable offences, known as summary offences, are generally heard in a Local Court.
Indictment:
This is a formal written accusation charging you are not an offence that is supposed to have been tried in a higher court.
Jurisdiction:
This is the extent of legal authority/power in the Court to apply regulations. For example, in Australia the government Court has jurisdiction under over 150 Acts in the Commonwealth Parliament.
Mediation:
This is a process whereby a neutral vacation, referred to as mediator, aids in leading to an agreement or agreed settlement without requiring your choice of an Court.
Plaintiff:
This is the expression used to refer to anybody or party who initiates a civil action. In other words, this is the person or party who brings in a situation contrary to the defendant, and seeks punishment for that person or people who committed the crime.
Plea:
This is the time the accused person (the defendant) tells the court whether or not they are guilty or not accountable for the charge against them. If your accused pleads guilty, an endeavor will not likely come about and the case proceeds into a sentencing hearing, which determines the punishment for that crime.
Subpoena:
A subpoena compels each side an individual with a trial to be able to testify and/or produce documents. This is a court ruling, if it’s disobeyed, the disobedient person may be in contempt of court.
Voir Dire:
This is a legal argument regarding the admissibility of an certain little bit of evidence in the courtroom. In the event that this argument should take place, the witness and the jury are sent out of court until it finishes.
When you have questions regarding a criminal charge in Brisbane, please don’t hesitate to call us. Only at Guest Lawyers, we specialize in criminal law and would be happy to assist you with questions or concerns. Goal to offer honest, respectful as well as simple to comprehend legal counsel to be able to reduce the stress connected with your litigation.
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