The Australian courts is rife with extremely specialised terminology that a majority of people could have trouble understanding. When you, or someone close to you has become confronted with a criminal charge, it’s important to view the legal terminology that is prone to surface in legal documents and in a trial. Here we’ve provided a summary of many of the more confusing terms and definitions often utilized in the Australian criminal justice system.

Acquittal:
This term can be used once the magistrate, jury or appeal court realize that an individual is innocent in the charges against him/her.
Affidavit:
A written declaration made under oath before a notary public or other authorised officer. The one who has written the declaration claims that the contents are, towards the best their knowledge, true.
Appeal:
To create an appeal is usually to require a case into a higher court so that you can challenge a choice produced by a reduced court or tribunal. For example, an appeal from your decision in the Federal Circuit Court of Australia may be designed to the government Court. The person who appeals is recognized as the ‘appellant’. However, it really is worth noting that doesn’t all decisions may be appealed.
Committal Hearing:
This is the hearing of all evidence that props up the charge in the lower court by a magistrate who decides if you have sufficient evidence to the case to go to trial. In most committal hearings, there might be witnesses who’re necessary to provide evidence.
Complainant:
This can be the term used in court to refer to the victim in the crime committed.
Defendant:
This can be the term used in court to refer to the one who has charged with a criminal offence. This term is interchangeable with ‘the accused’.
Deposition:
This is the typed copy in the evidence recorded in court.
Exhibits:
All evidence (aside from evidence supplied by the witnesses) necessary to present true towards the court, including photographs, clothing, documents or another items which may be relevant to true.

Indictable Offence:
A serious Brisbane criminal lawyer that is commonly heard inside a higher court before the court as well as a jury. Less serious indictable offences, known as summary offences, are often heard inside a Local Court.
Indictment:
This is the formal written accusation charging a person with an offence that is supposed to have been tried inside a higher court.
Jurisdiction:
This can be the extent of legal authority/power in the Court to make use of regulations. For example, in Australia the government Court has jurisdiction under a lot more than 150 Acts in the Commonwealth Parliament.
Mediation:
This is the process whereby an impartial 3rd party, known as the mediator, assists with causing a compromise or agreed settlement without requiring the decision of the Court.
Plaintiff:
This can be the term used to refer to anybody or party who initiates a civil action. In other words, this can be the person or party who brings a case against the defendant, and seeks punishment to the person or individuals who committed the crime.
Plea:
This is where the accused person (the defendant) tells the judge whether they are guilty or otherwise doing the charge against them. When the accused pleads guilty, a shot will not happen along with the case proceeds into a sentencing hearing, which determines the punishment to the crime.
Subpoena:
A subpoena compels the look off someone with a trial so that you can testify and/or produce documents. This is the court ruling, if it really is disobeyed, the disobedient person could possibly be in contempt of court.
Voir Dire:
This is the legal argument in regards to the admissibility of the certain piece of evidence in court. In the event that this argument should happen, the witness along with the jury are mailed of court until it finishes.

In case you have 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 would be delighted that may help you with questions or concerns. Our aim is to provide honest, respectful and straightforward to comprehend legal services so that you can reduce the stress associated with your litigation.
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