The Australian legal system is rife with extremely specialised terminology that most people might have trouble understanding. So when you, or someone near to you has become faced with a criminal charge, it’s important to see the legal terminology that is more likely to show up in legal documents and after a trial. Here we’ve provided a summary of a few of the more confusing terms and definitions often utilized in the Australian criminal justice system.
Acquittal:
This term can be used when the magistrate, jury or appeal court see that a person is not liable from the charges against him/her.
Affidavit:
An itemized declaration made under oath before a notary public or another authorised officer. The one who has written the declaration claims that the contents are, on the best their knowledge, true.
Appeal:
To create an appeal is to have a case to a higher court to be able to challenge a choice created by a lesser court or tribunal. By way of example, an appeal from the decision from the Federal Circuit Court of Australia could possibly be designed to the government Court. The one who appeals is known as the ‘appellant’. However, it’s worth noting that doesn’t all decisions can be appealed.
Committal Hearing:
It is a hearing of all evidence that supports the charge from the lower court with a magistrate who decides when there is sufficient evidence to the case to venture to trial. In a few committal hearings, there might be witnesses that are needed to provide evidence.
Complainant:
This is actually the term used in the court to consult the victim from the crime committed.
Defendant:
This is actually the term used in the court to consult the individual that is being charged with a criminal offence. This term is interchangeable with ‘the accused’.
Deposition:
It is a typed copy from the evidence recorded in the court.
Exhibits:
All evidence (in addition to evidence furnished by the witnesses) needed to present the case on the court, including photographs, clothing, documents or some other items that could possibly be strongly related the case.
Indictable Offence:
A critical Brisbane criminal lawyer that is commonly heard inside a higher court before a judge as well as a jury. Less serious indictable offences, known as summary offences, are often heard inside a Local Court.
Indictment:
It is a formal written accusation charging having it . an offence that is intended as tried inside a higher court.
Jurisdiction:
This is actually the extent of legal authority/power from the Court to apply the law. By way of example, nationwide the government Court has jurisdiction under greater than 150 Acts from the Commonwealth Parliament.
Mediation:
It is a process whereby a neutral third party, referred to as the mediator, assists in contributing to an agreement or agreed settlement without requiring your choice of a Court.
Plaintiff:
This is actually the term used to consult anybody or party who initiates a civil action. In other words, this is actually the person or party who brings a case from the defendant, and seeks punishment to the person or people who committed the crime.
Plea:
This is how the accused person (the defendant) tells legal court whether or not they are guilty or not guilty of the charge against them. In the event the accused pleads guilty, an effort will not occur and the case proceeds to a sentencing hearing, which determines the punishment to the crime.
Subpoena:
A subpoena compels the appearance of somebody at the trial to be able to testify and/or produce documents. It is a court ruling, and when it’s disobeyed, the disobedient person might be in contempt of court.
Voir Dire:
It is a legal argument regarding the admissibility of a certain piece of evidence in the court. In the case that this argument should happen, the witness and the jury are sent 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. Here at Guest Lawyers, we focus on criminal law and will be more than pleased that may help you with any questions or concerns. Our aim is to deliver honest, respectful and easy to comprehend legal counsel to be able to decrease the stress related to your litigation.
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