The Australian courts is rife with extremely specialised terminology that many people could have trouble understanding. So when you, or someone in your area continues to be facing a criminal charge, it’s imperative that you view the legal terminology that’s prone to appear in legal documents and after a trial. Here we’ve provided a list of a number of the more confusing terms and definitions often employed in the Australian criminal justice system.
Acquittal:
This term is employed in the event the magistrate, jury or appeal court discover that one is not liable with the charges against him/her.
Affidavit:
A written declaration made under oath before a notary public or other authorised officer. The individual who has written the declaration claims that the contents are, for the best of their knowledge, true.
Appeal:
To create an appeal is to take a case into a higher court as a way to challenge a decision manufactured by a lesser court or tribunal. By way of example, an appeal coming from a decision with the Federal Circuit Court of Australia could be made to the Federal Court. The individual that appeals is termed the ‘appellant’. However, it is worth noting that doesn’t all decisions could be appealed.
Committal Hearing:
This is a hearing of all the evidence that supports the charge within the lower court by way of a magistrate who decides if there is sufficient evidence for the case to attend trial. In a few committal hearings, there could be witnesses who are required to provide evidence.
Complainant:
Here is the term used problem to refer to the victim with the crime committed.
Defendant:
Here is the term used problem to refer to the person who is being involved in an offence. This term is interchangeable with ‘the accused’.
Deposition:
This is a typed copy with the evidence recorded problem.
Exhibits:
All evidence (aside from evidence given by the witnesses) required to present the situation for the court, like photographs, clothing, documents or any other items that could be highly relevant to the situation.
Indictable Offence:
A serious Lawyer Brisbane that’s commonly heard in a higher court before the court as well as 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 that’s intended to be tried in a higher court.
Jurisdiction:
Here is the extent of legal authority/power with the Court to make use of regulations. By way of example, australia wide the Federal Court has jurisdiction under a lot more than 150 Acts with the Commonwealth Parliament.
Mediation:
This is a process whereby an impartial 3rd party, referred to as the mediator, assists with contributing to a compromise or agreed settlement without requiring your choice of the Court.
Plaintiff:
Here is the term used to refer to the individual or party who initiates a civil action. To put it differently, this can be the person or party who brings an incident up against the defendant, and seeks punishment for the person or people who committed the crime.
Plea:
This is where the accused person (the defendant) tells legal court whether they are guilty or otherwise accountable for the charge against them. If your accused pleads guilty, a shot will not come about as well as the case proceeds into a sentencing hearing, which determines the punishment for the crime.
Subpoena:
A subpoena compels the appearance of an individual at a trial as a way to testify and/or produce documents. This is a court ruling, of course, if it is disobeyed, the disobedient person could be in contempt of court.
Voir Dire:
This is a legal argument concerning the admissibility of the certain little bit of evidence problem. In the case that this argument should occur, the witness as well as the jury are mailed of court until it finishes.
For those who have questions regarding a criminal charge in Brisbane, please don’t hesitate to contact us. At Guest Lawyers, we specialise in criminal law and will be happy that may help you with questions or concerns. The purpose to deliver honest, respectful and simple to understand legal counsel as a way to slow up the stress connected with your litigation.
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