The Australian legal system is rife with extremely specialised terminology that a majority of people could possibly have trouble understanding. Then when you, or someone in your area continues to be facing a criminal charge, it’s crucial that you understand the legal terminology that is more likely to appear in legal documents and throughout a trial. Here we’ve provided a list of some of the more confusing terms and definitions often used in the Australian criminal justice system.
Acquittal:
This term is employed in the event the magistrate, jury or appeal court see that one is not liable from the charges against him/her.
Affidavit:
A written declaration made under oath before a notary public or any other authorised officer. The individual who has written the declaration states that the contents are, on the best of their knowledge, true.
Appeal:
To generate an appeal is to require a case to a higher court so that you can challenge a conclusion manufactured by a lower court or tribunal. For example, an appeal from the decision from the Federal Circuit Court of Australia could possibly be made to the federal government Court. The one that appeals is recognized as the ‘appellant’. However, it is important to note that all decisions might be appealed.
Committal Hearing:
This is a hearing of all of the evidence that sports ths charge in the lower court with a magistrate who decides if you find sufficient evidence for your case to venture to trial. In a few committal hearings, there could be witnesses who are required to provide evidence.
Complainant:
This is the saying used in the court to refer to the victim from the crime committed.
Defendant:
This is the saying used in the court to refer to the individual that is being faced with a criminal offence. This term is interchangeable with ‘the accused’.
Deposition:
This is a typed copy from the evidence recorded in the court.
Exhibits:
All evidence (aside from evidence provided by the witnesses) required to present true on the court, including photographs, clothing, documents or another goods that could possibly be tightly related to true.
Indictable Offence:
A critical Brisbane lawyers that is commonly heard in a higher court before a judge plus a jury. Less serious indictable offences, called summary offences, are generally heard in a Local Court.
Indictment:
This is a formal written accusation charging having it . an offence that is intended to be tried in a higher court.
Jurisdiction:
This is the extent of legal authority/power from the Court to apply the law. For example, around australia the federal government Court has jurisdiction under more than 150 Acts from the Commonwealth Parliament.
Mediation:
This is a process whereby an impartial 3rd party, called the mediator, assists in causing an agreement or agreed settlement without requiring the decision of a Court.
Plaintiff:
This is the saying 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 up against the defendant, and seeks punishment for your person or those who committed the crime.
Plea:
This is when the accused person (the defendant) tells a legal court whether are guilty or otherwise accountable for the charge against them. If the accused pleads guilty, a trial will not take place and also the case proceeds to a sentencing hearing, which determines the punishment for your crime.
Subpoena:
A subpoena compels the look off an individual with a trial so that you can testify and/or produce documents. This is a court order, of course, if it is disobeyed, the disobedient person could be in contempt of court.
Voir Dire:
This is a legal argument in regards to the admissibility of a certain part of evidence in the court. In the case that this argument should occur, the witness and also the jury are mailed of court until it finishes.
In case you have any questions regarding a criminal charge in Brisbane, please don’t hesitate to get hold of us. At Guest Lawyers, we specialise in criminal law and can be more than pleased to help you with any questions or concerns. The purpose to offer honest, respectful as well as simple to understand legal services so that you can decrease the stress related to your litigation.
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