The Australian legal system is rife with extremely specialised terminology that a lot of people could possibly have trouble understanding. So when you, or someone in your area has been facing a criminal charge, it’s crucial that you view the legal terminology that is more likely to appear in legal documents and in a trial. Here we’ve provided a listing of a number of the more confusing terms and definitions often utilized in the Australian criminal justice system.
Acquittal:
This term is employed when the magistrate, jury or appeal court realize that a person is not guilty of 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, on the best of their knowledge, true.
Appeal:
To generate an appeal would be to require a case into a higher court as a way to challenge a decision made by a lower court or tribunal. By way of example, an appeal from the decision of the Federal Circuit Court of Australia might be made to the federal government Court. The one who appeals is recognized as the ‘appellant’. However, it’s important to note that does not all decisions may be appealed.
Committal Hearing:
This can be a hearing of all of the evidence that supports the charge inside the lower court with a magistrate who decides if you find sufficient evidence for the case to venture to trial. In certain committal hearings, there can be witnesses that are forced to provide evidence.
Complainant:
This can be the saying used in the court to consult the victim of the crime committed.
Defendant:
This can be the saying used in the court to consult the individual that has arrested for an offence. This term is interchangeable with ‘the accused’.
Deposition:
This can be a typed copy of the evidence recorded in the court.
Exhibits:
All evidence (apart from evidence given by the witnesses) forced to present the situation on the court, like photographs, clothing, documents or another goods that might be strongly related the situation.
Indictable Offence:
A significant Lawyer Brisbane that is commonly heard inside a higher court before the court along with a jury. Less serious indictable offences, called summary offences, are often heard inside a Local Court.
Indictment:
This can be a formal written accusation charging having it . an offence that is should have been tried inside a higher court.
Jurisdiction:
This can be the extent of legal authority/power of the Court to utilize what the law states. By way of example, in Australia the federal government Court has jurisdiction under a lot more than 150 Acts of the Commonwealth Parliament.
Mediation:
This can be a process whereby an impartial alternative party, known as the mediator, assists in contributing to a compromise or agreed settlement without requiring the decision of the Court.
Plaintiff:
This can be the saying used to consult anyone or party who initiates a civil action. Put simply, this is actually the person or party who brings a case up against the defendant, and seeks punishment for the person or people who committed the crime.
Plea:
This is how the accused person (the defendant) tells the judge whether they are guilty or not responsible for the charge against them. When the accused pleads guilty, a shot will not happen and also the case proceeds into a sentencing hearing, which determines the punishment for the crime.
Subpoena:
A subpoena compels the look off an individual in a trial as a way to testify and/or produce documents. This can be a order from the court, of course, if it’s disobeyed, the disobedient person may be in contempt of court.
Voir Dire:
This can be a legal argument concerning the admissibility of the certain little bit of evidence in the court. If this argument should occur, the witness and also the jury are sent out of court until it finishes.
In case you have any questions regarding a criminal charge in Brisbane, please don’t hesitate to get hold of us. Right here at Guest Lawyers, we concentrate on criminal law and could be more than happy to help you with any questions or concerns. Our aim is to deliver honest, respectful as well as simple to be aware of legal counsel as a way to decrease the stress linked to your litigation.
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