The Australian judicial system is rife with extremely specialised terminology that many people might have trouble understanding. Then when you, or someone in your area has been facing a criminal charge, it’s crucial that you understand the legal terminology that’s more likely to show up in legal documents and within a trial. Here we’ve provided a directory of many of the more confusing terms and definitions often found in the Australian criminal justice system.
Acquittal:
This term is used once the magistrate, jury or appeal court see that you were simple of the charges against him/her.
Affidavit:
A written declaration made under oath before a notary public or other authorised officer. The person who has written the declaration claims that the contents are, for the best of their knowledge, true.
Appeal:
To produce an appeal is to require a case to a higher court as a way to challenge a decision produced by a lesser court or tribunal. By way of example, an appeal coming from a decision of the Federal Circuit Court of Australia could be made to the federal government Court. The individual that appeals is recognized as the ‘appellant’. However, it can be important to note that not all decisions may be appealed.
Committal Hearing:
It is a hearing of all the evidence that props up charge inside the lower court with a magistrate who decides if you find sufficient evidence for your case to go to trial. In certain committal hearings, there may be witnesses who are needed to provide evidence.
Complainant:
This is actually the term used in the courtroom to consult the victim of the crime committed.
Defendant:
This is actually the term used in the courtroom to consult the person who has charged with an offence. This term is interchangeable with ‘the accused’.
Deposition:
It is a typed copy of the evidence recorded in the courtroom.
Exhibits:
All evidence (besides evidence supplied by the witnesses) needed to present the case for the court, including photographs, clothing, documents or any other goods that could be strongly related the case.
Indictable Offence:
A serious Criminal law firms Brisbane that’s commonly heard inside a higher court before the court as well as a jury. Less serious indictable offences, known as summary offences, are usually heard inside a Local Court.
Indictment:
It is a formal written accusation charging a person with an offence that’s intended to be tried inside a higher court.
Jurisdiction:
This is actually the extent of legal authority/power of the Court to use what the law states. By way of example, around australia the federal government Court has jurisdiction under greater than 150 Acts of the Commonwealth Parliament.
Mediation:
It is a process whereby an impartial third party, referred to as mediator, assists with causing a compromise or agreed settlement without requiring the decision of a Court.
Plaintiff:
This is actually the term used to consult the individual or party who initiates a civil action. Quite simply, this can be the person or party who brings an instance up against the defendant, and seeks punishment for your person or people that committed the crime.
Plea:
This is when the accused person (the defendant) tells the court whether are guilty or otherwise not accountable for the charge against them. If the accused pleads guilty, an effort won’t come about as well as the case proceeds to a sentencing hearing, which determines the punishment for your crime.
Subpoena:
A subpoena compels the look off someone at the trial as a way to testify and/or produce documents. It is a court order, and when it can be disobeyed, the disobedient person might be in contempt of court.
Voir Dire:
It is a legal argument regarding the admissibility of a certain little bit of evidence in the courtroom. In the event that this argument should occur, the witness as well as the jury are delivered of court until it finishes.
For those who have questions regarding a criminal charge in Brisbane, please don’t hesitate to call us. Right here at Guest Lawyers, we concentrate on criminal law and will be happy that will help you with questions or concerns. Our aim is to provide honest, respectful and easy to know legal counsel as a way to slow up the stress associated with your litigation.
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