The Australian judicial system is rife with extremely specialised terminology that many people may have trouble understanding. So when you, or someone close to you may be confronted with a criminal charge, it’s important to understand the legal terminology that is certainly prone to come up in legal documents and throughout a trial. Here we’ve provided a listing of some of the more confusing terms and definitions often employed in the Australian criminal justice system.

Acquittal:
This term can be used once the magistrate, jury or appeal court discover that one is innocent of the charges against him/her.
Affidavit:
An itemized declaration made under oath before a notary public and other authorised officer. The individual who has written the declaration claims that the contents are, on the best their knowledge, true.
Appeal:
To make an appeal would be to take a case with a higher court as a way to challenge a determination created by a reduced court or tribunal. For example, an appeal from a decision of the Federal Circuit Court of Australia might be built to the Federal Court. The one that appeals is recognized as the ‘appellant’. However, it really is worth noting that all decisions could be appealed.
Committal Hearing:
This is the hearing of all the so-called evidence that props up charge in the lower court by the magistrate who decides if there is sufficient evidence for that case to venture to trial. In some committal hearings, there might be witnesses who’re needed to provide evidence.
Complainant:
This can be the expression used in court to refer to the victim of the crime committed.
Defendant:
This can be the expression used in court to refer to the one who is being arrested for a criminal offence. This term is interchangeable with ‘the accused’.
Deposition:
This is the typed copy of the evidence recorded in court.
Exhibits:
All evidence (aside from evidence supplied by the witnesses) needed to present the situation on the court, including photographs, clothing, documents or other items that might be strongly related the situation.

Indictable Offence:
A significant Brisbane lawyers that is certainly commonly heard in a higher court before a judge plus a jury. Less serious indictable offences, known as summary offences, usually are heard in a Local Court.
Indictment:
This is the formal written accusation charging having it . an offence that is certainly should have been tried in a higher court.
Jurisdiction:
This can be the extent of legal authority/power of the Court to use what the law states. For example, around australia the Federal Court has jurisdiction under a lot more than 150 Acts of the Commonwealth Parliament.
Mediation:
This is the process whereby a neutral 3rd party, known as the mediator, assists with causing an agreement or agreed settlement without requiring the decision of an Court.
Plaintiff:
This can be the expression used to refer to the individual or party who initiates a civil action. In other words, this is actually the person or party who brings in a situation from the defendant, and seeks punishment for that person or individuals who committed the crime.
Plea:
This is where the accused person (the defendant) tells legal court whether are guilty or otherwise not accountable for the charge against them. In the event the accused pleads guilty, a shot won’t happen and also the case proceeds with a sentencing hearing, which determines the punishment for that crime.
Subpoena:
A subpoena compels the appearance of somebody in a trial as a way to testify and/or produce documents. This is the order from the court, and if it really is disobeyed, the disobedient person might be in contempt of court.
Voir Dire:
This is the legal argument about the admissibility of an certain part of evidence in court. In the case that this argument should take place, the witness and also the jury are sent of court until it finishes.

If you have any questions regarding a criminal charge in Brisbane, please don’t hesitate to get hold of us. Here at Guest Lawyers, we focus on criminal law and could be delighted that may help you with any questions or concerns. Goal to supply honest, respectful and simple to understand legal advice as a way to decrease the stress related to your litigation.
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