The Australian legal system is rife with extremely specialised terminology that most people may have trouble understanding. While you, or someone near to you continues to be facing a criminal charge, it’s crucial that you view the legal terminology which is planning to surface in legal documents and within a trial. Here we’ve provided a summary of a number of the more confusing terms and definitions often used in the Australian criminal justice system.
Acquittal:
This term is employed once the magistrate, jury or appeal court find that you were innocent of the charges against him/her.
Affidavit:
An itemized declaration made under oath before a notary public or other authorised officer. The person who has written the declaration claims that the contents are, towards the best of their knowledge, true.
Appeal:
To generate an appeal is usually to please take a case into a higher court to be able to challenge a determination created by a reduced court or tribunal. As an example, an appeal from the decision of the Federal Circuit Court of Australia could be created to the Federal Court. The individual that appeals is recognized as the ‘appellant’. However, it can be important to note that doesn’t all decisions can be appealed.
Committal Hearing:
This is a hearing of all the evidence that supports the charge inside the lower court by a magistrate who decides if there is sufficient evidence for that case to go to trial. In most committal hearings, there might be witnesses that are necessary to provide evidence.
Complainant:
Here is the expression used in the court to consult the victim of the crime committed.
Defendant:
Here is the expression used in the court to consult the individual that has charged with a criminal offence. This term is interchangeable with ‘the accused’.
Deposition:
This is a typed copy of the evidence recorded in the court.
Exhibits:
All evidence (besides evidence provided by the witnesses) necessary to present the truth towards the court, for example photographs, clothing, documents or other goods that could be relevant to the truth.
Indictable Offence:
A critical Lawyer Brisbane which is commonly heard in a higher court before a judge along with a jury. Less serious indictable offences, called summary offences, are often heard in a Local Court.
Indictment:
This is a formal written accusation charging a person with an offence which is should have been tried in a higher court.
Jurisdiction:
Here is the extent of legal authority/power of the Court to apply legislation. As an example, australia wide the Federal Court has jurisdiction under more than 150 Acts of the Commonwealth Parliament.
Mediation:
This is a process whereby an impartial alternative party, known as the mediator, assists with bringing about an agreement or agreed settlement without requiring the choice of your Court.
Plaintiff:
Here is the expression used to consult the individual or party who initiates a civil action. Put simply, this can be the person or party who brings an incident up against the defendant, and seeks punishment for that person or individuals who committed the crime.
Plea:
This is when the accused person (the defendant) tells legal court whether are guilty or otherwise responsible for the charge against them. If your accused pleads guilty, an endeavor will not take place and also the case proceeds into a sentencing hearing, which determines the punishment for that crime.
Subpoena:
A subpoena compels the appearance of somebody at a trial to be able to testify and/or produce documents. This is a court order, and when it can be disobeyed, the disobedient person may be in contempt of court.
Voir Dire:
This is a legal argument regarding the admissibility of your certain piece of evidence in the court. If this argument should occur, the witness and also the jury are sent out of court until it finishes.
For those who have any queries 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 can be more than happy to assist you with any queries or concerns. Our aim is to deliver honest, respectful as well as simple to comprehend legal advice to be able to lessen the stress connected with your litigation.
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