The Australian legal system is rife with extremely specialised terminology that many people might have trouble understanding. Then when you, or someone in your area continues to be facing a criminal charge, it’s important to view the legal terminology that is certainly likely to come up in legal documents and within a trial. Here we’ve provided a directory of a few of the more confusing terms and definitions often used in the Australian criminal justice system.
Acquittal:
This term is utilized once the magistrate, jury or appeal court find that a person is simple in the charges against him/her.
Affidavit:
An itemized declaration made under oath before a notary public or any other authorised officer. The individual that has written the declaration states that the contents are, to the better of their knowledge, true.
Appeal:
To produce an appeal would be to please take a case into a higher court so that you can challenge a decision manufactured by a lower court or tribunal. For instance, an appeal from the decision in the Federal Circuit Court of Australia could be made to the Federal Court. The one that appeals is termed the ‘appellant’. However, it really is important to note that not all decisions can be appealed.
Committal Hearing:
This is a hearing of all evidence that props up the charge from the lower court by the magistrate who decides if you find sufficient evidence to the case to visit trial. In certain committal hearings, there might be witnesses who will be needed to provide evidence.
Complainant:
This can be the saying used in the courtroom to refer to the victim in the crime committed.
Defendant:
This can be the saying used in the courtroom to refer to the one who has been faced with an offence. This term is interchangeable with ‘the accused’.
Deposition:
This is a typed copy in the evidence recorded in the courtroom.
Exhibits:
All evidence (in addition to evidence supplied by the witnesses) needed to present true to the court, for example photographs, clothing, documents or any other goods that could be relevant to true.
Indictable Offence:
A life threatening Criminal lawyers Brisbane that is certainly commonly heard inside a higher court before the court as well as a jury. Less serious indictable offences, known as summary offences, usually are heard inside a Local Court.
Indictment:
This is a formal written accusation charging having it . an offence that is certainly supposed to have been tried inside a higher court.
Jurisdiction:
This can be the extent of legal authority/power in the Court to utilize legislation. For instance, in Australia the Federal Court has jurisdiction under a lot more than 150 Acts in the Commonwealth Parliament.
Mediation:
This is a process whereby a neutral 3rd party, referred to as the mediator, aids in contributing to an agreement or agreed settlement without requiring the choice of your Court.
Plaintiff:
This can be the saying used to refer to the individual or party who initiates a civil action. Put simply, this is the person or party who brings an instance against the defendant, and seeks punishment to the person or people who committed the crime.
Plea:
This is the time the accused person (the defendant) tells legal court whether or not they are guilty or otherwise not guilty of the charge against them. If your accused pleads guilty, a shot won’t occur along with the case proceeds into a sentencing hearing, which determines the punishment to the crime.
Subpoena:
A subpoena compels each side somebody with a trial so that you can testify and/or produce documents. This is a court ruling, of course, if it really is disobeyed, the disobedient person might be in contempt of court.
Voir Dire:
This is a legal argument regarding the admissibility of your certain bit of evidence in the courtroom. In the case that this argument should occur, the witness along with the jury are sent out of court until it finishes.
If you have inquiries regarding a criminal charge in Brisbane, please don’t hesitate to contact us. Only at Guest Lawyers, we specialise in criminal law and will be more than happy that may help you with inquiries or concerns. Goal to provide honest, respectful and straightforward to comprehend legal advice so that you can reduce the stress associated with your litigation.
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