The Australian courts is rife with extremely specialised terminology that a lot of people might have trouble understanding. While you, or someone in your area has become faced with a criminal charge, it’s crucial that you view the legal terminology that is certainly more likely to show up in legal documents and in a trial. Here we’ve provided a list of some of the more confusing terms and definitions often found in the Australian criminal justice system.
Acquittal:
This term is used in the event the magistrate, jury or appeal court see that one is innocent with the charges against him/her.
Affidavit:
A written declaration made under oath before a notary public and other authorised officer. The individual who has written the declaration states that the contents are, for the best their knowledge, true.
Appeal:
To produce an appeal would be to please take a case to a higher court in order to challenge a conclusion made by a reduced court or tribunal. For example, an appeal from your decision with the Federal Circuit Court of Australia might be made to the government Court. The individual that appeals is recognized as the ‘appellant’. However, it can be important to note that doesn’t all decisions may be appealed.
Committal Hearing:
It is a hearing of all the so-called evidence that supports the charge within the lower court with a magistrate who decides if you have sufficient evidence for that case to go to trial. In most committal hearings, there can be witnesses who will be required to provide evidence.
Complainant:
Here is the expression used problem to refer to the victim with the crime committed.
Defendant:
Here is the expression used problem to refer to the one who has charged with an offence. This term is interchangeable with ‘the accused’.
Deposition:
It is a typed copy with the evidence recorded problem.
Exhibits:
All evidence (apart from evidence furnished by the witnesses) required to present the case for the court, for example photographs, clothing, documents or other items which might be strongly related the case.
Indictable Offence:
A life threatening Criminal lawyers Brisbane that is certainly commonly heard in the higher court before a judge as well as a jury. Less serious indictable offences, termed as summary offences, are usually heard in the Local Court.
Indictment:
It is a formal written accusation charging a person with an offence that is certainly supposed to have been tried in the higher court.
Jurisdiction:
Here is the extent of legal authority/power with the Court to make use of what the law states. For example, australia wide the government Court has jurisdiction under a lot more than 150 Acts with the Commonwealth Parliament.
Mediation:
It is a process whereby a neutral 3rd party, referred to as the mediator, assists in causing an agreement or agreed settlement without requiring your decision of an Court.
Plaintiff:
Here is the expression used to refer to anyone or party who initiates a civil action. In other words, this is 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 the time the accused person (the defendant) tells legal court if they are guilty you aren’t guilty of the charge against them. If the accused pleads guilty, an endeavor will not come about and also the case proceeds to a sentencing hearing, which determines the punishment for that crime.
Subpoena:
A subpoena compels the look off an individual at the trial in order to testify and/or produce documents. It is a order from the court, of course, if it can be disobeyed, the disobedient person could possibly be in contempt of court.
Voir Dire:
It is a legal argument in regards to the admissibility of an certain bit of evidence problem. If this argument should occur, the witness and also the jury are sent of court until it finishes.
When you have any queries regarding a criminal charge in Brisbane, please don’t hesitate to contact us. Here at Guest Lawyers, we concentrate on criminal law and can be happy to help you with any queries or concerns. The purpose to provide honest, respectful and straightforward to understand legal counsel in order to lessen the stress related to your litigation.
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