The Australian legislation is rife with extremely specialised terminology that a lot of people could have trouble understanding. So when you, or someone close to you may be confronted with a criminal charge, it’s important to see the legal terminology that is prone to come up in legal documents and in a trial. Here we’ve provided a list of a few of the more confusing terms and definitions often employed in the Australian criminal justice system.
Acquittal:
This term is utilized once the magistrate, jury or appeal court see that you were not liable with the charges against him/her.
Affidavit:
An itemized declaration made under oath before a notary public or any other authorised officer. The one who has written the declaration claims that the contents are, towards the better of their knowledge, true.
Appeal:
To make an appeal is usually to require a case to some higher court as a way to challenge a choice produced by less court or tribunal. By way of example, an appeal from a decision with the Federal Circuit Court of Australia might be built to the Federal Court. The person who appeals is termed the ‘appellant’. However, it really is important to note that doesn’t all decisions might be appealed.
Committal Hearing:
This can be a hearing of all the so-called evidence that props up the charge within the lower court by way of a magistrate who decides if you find sufficient evidence for that case to go to trial. In some committal hearings, there may be witnesses who will be necessary to provide evidence.
Complainant:
This is the saying used in the courtroom to consult the victim with the crime committed.
Defendant:
This is the saying used in the courtroom to consult the one who will be arrested for an offence. This term is interchangeable with ‘the accused’.
Deposition:
This can be a typed copy with the evidence recorded in the courtroom.
Exhibits:
All evidence (besides evidence provided by the witnesses) necessary to present true towards the court, such as photographs, clothing, documents or other goods that might be highly relevant to true.
Indictable Offence:
A critical Lawyer Brisbane that is commonly heard in a higher court before the court and a jury. Less serious indictable offences, called summary offences, usually are heard in a Local Court.
Indictment:
This can be a formal written accusation charging you are not an offence that is intended to be tried in a higher court.
Jurisdiction:
This is the extent of legal authority/power with the Court to utilize the law. By way of example, australia wide the Federal Court has jurisdiction under greater than 150 Acts with the Commonwealth Parliament.
Mediation:
This can be a process whereby an impartial third party, referred to as the mediator, assists with contributing to a compromise or agreed settlement without requiring your choice of your Court.
Plaintiff:
This is the saying used to consult the individual or party who initiates a civil action. Put simply, this can be the person or party who brings in a situation up against the defendant, and seeks punishment for that person or people who committed the crime.
Plea:
This is where the accused person (the defendant) tells the court whether are guilty you aren’t accountable for the charge against them. When the accused pleads guilty, a shot will not likely occur along with the case proceeds to some sentencing hearing, which determines the punishment for that crime.
Subpoena:
A subpoena compels the appearance of an individual in a trial as a way to testify and/or produce documents. This can be a court ruling, and if it really is disobeyed, the disobedient person could possibly be in contempt of court.
Voir Dire:
This can be a legal argument in regards to the admissibility of your certain little bit of evidence in the courtroom. In the case that this argument should take place, the witness along with the jury are sent of court until it finishes.
In case you have inquiries regarding a criminal charge in Brisbane, please don’t hesitate to contact us. Right here at Guest Lawyers, we concentrate on criminal law and could be happy that may help you with inquiries or concerns. Our aim is to deliver honest, respectful as well as simple to know legal services as a way to decrease the stress related to your litigation.
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