The Australian legal system is rife with extremely specialised terminology that a majority of people could have trouble understanding. So when you, or someone in the area continues to be up against a criminal charge, it’s imperative that you understand the legal terminology that is certainly more likely to show up in legal documents and after a trial. Here we’ve provided a summary of a number of the more confusing terms and definitions often utilized in the Australian criminal justice system.
Acquittal:
This term is used once the magistrate, jury or appeal court see that one is innocent in the charges against him/her.
Affidavit:
A written declaration made under oath before a notary public or another authorised officer. The person who has written the declaration states that the contents are, to the better of their knowledge, true.
Appeal:
To generate an appeal is always to please take a case with a higher court as a way to challenge a conclusion made by a lower court or tribunal. For example, an appeal from your decision in the Federal Circuit Court of Australia could be made to the government Court. The one that appeals is known as the ‘appellant’. However, it can be worth noting that doesn’t all decisions could be appealed.
Committal Hearing:
This is a hearing of all the so-called evidence that props up charge in the lower court with a magistrate who decides if you have sufficient evidence for the case to go to trial. In some committal hearings, there could be witnesses that are needed to provide evidence.
Complainant:
This is the expression used in court to refer to the victim in the crime committed.
Defendant:
This is the expression used in court to refer to the one who will be arrested for an offence. This term is interchangeable with ‘the accused’.
Deposition:
This is a typed copy in the evidence recorded in court.
Exhibits:
All evidence (apart from evidence given by the witnesses) needed to present the case to the court, for example photographs, clothing, documents or another goods that could be tightly related to the case.
Indictable Offence:
A life threatening Brisbane lawyers that is certainly commonly heard in a higher court before a judge plus a jury. Less serious indictable offences, termed as summary offences, usually are heard in a Local Court.
Indictment:
This is a formal written accusation charging having it . an offence that is certainly supposed to have been tried in a higher court.
Jurisdiction:
This is the extent of legal authority/power in the Court to use regulations. For example, in Australia the government Court has jurisdiction under a lot more than 150 Acts in the Commonwealth Parliament.
Mediation:
This is a process whereby a neutral vacation, referred to as mediator, aids in bringing about an agreement or agreed settlement without requiring the choice of a Court.
Plaintiff:
This is the expression used to refer to the individual or party who initiates a civil action. To put it differently, this is the person or party who brings an instance contrary to the defendant, and seeks punishment for the person or people who committed the crime.
Plea:
This is the time the accused person (the defendant) tells legal court whether they are guilty or otherwise not responsible for the charge against them. In the event the accused pleads guilty, an effort will not likely occur and also the case proceeds with a sentencing hearing, which determines the punishment for the crime.
Subpoena:
A subpoena compels the appearance of somebody at a trial as a way to testify and/or produce documents. This is a court ruling, and when it can be disobeyed, the disobedient person could possibly be in contempt of court.
Voir Dire:
This is a legal argument regarding the admissibility of a certain piece of evidence in court. In the event that this argument should occur, the witness and also the jury are delivered of court until it finishes.
When you have inquiries regarding a criminal charge in Brisbane, please don’t hesitate to get hold of us. Only at Guest Lawyers, we specialise in criminal law and will be delighted that may help you with inquiries or concerns. The purpose to deliver honest, respectful and easy to comprehend legal services as a way to reduce the stress associated with your litigation.
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