The Australian judicial system is rife with extremely specialised terminology that a lot of people may have trouble understanding. So when you, or someone in your area continues to be up against a criminal charge, it’s crucial that you understand the legal terminology that is planning to show up in legal documents and after a trial. Here we’ve provided a list of a number of the more confusing terms and definitions often found in the Australian criminal justice system.
Acquittal:
This term is employed when the magistrate, jury or appeal court discover that a person is simple 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 states that the contents are, on the best of their knowledge, true.
Appeal:
To make an appeal would be to take a case with a higher court so that you can challenge a choice made by a reduced court or tribunal. As an example, an appeal from your decision with the Federal Circuit Court of Australia could possibly be made to the government Court. The person who appeals is known as the ‘appellant’. However, it is worth noting that all decisions could be appealed.
Committal Hearing:
This is the hearing of all the so-called evidence that supports the charge within the lower court by the magistrate who decides if you find sufficient evidence to the case to go to trial. In some committal hearings, there could be witnesses who will be forced to provide evidence.
Complainant:
This can be the saying used in the court to consult the victim with the crime committed.
Defendant:
This can be the saying used in the court to consult the individual that has involved in an offence. This term is interchangeable with ‘the accused’.
Deposition:
This is the typed copy with the evidence recorded in the court.
Exhibits:
All evidence (besides evidence given by the witnesses) forced to present the case on the court, such as photographs, clothing, documents or other items which could possibly be highly relevant to the case.
Indictable Offence:
A critical Brisbane criminal lawyer that is commonly heard in the higher court before a judge as well as a jury. Less serious indictable offences, termed as summary offences, are usually heard in the Local Court.
Indictment:
This is the formal written accusation charging you aren’t an offence that is intended to be tried in the higher court.
Jurisdiction:
This can be the extent of legal authority/power with the Court to apply the law. As an example, nationwide the government Court has jurisdiction under a lot more than 150 Acts with the Commonwealth Parliament.
Mediation:
This is the process whereby an impartial vacation, known as the mediator, assists with contributing to an agreement or agreed settlement without requiring the decision of a Court.
Plaintiff:
This can be the saying used to consult the person or party who initiates a civil action. Quite simply, this is the person or party who brings an instance contrary to the defendant, and seeks punishment to the person or people that committed the crime.
Plea:
This is when the accused person (the defendant) tells the judge whether are guilty or not accountable for the charge against them. In the event the accused pleads guilty, a trial is not going to happen along with the case proceeds with a sentencing hearing, which determines the punishment to the crime.
Subpoena:
A subpoena compels the look of somebody at the trial so that you can testify and/or produce documents. This is the court ruling, and if it is disobeyed, the disobedient person may be in contempt of court.
Voir Dire:
This is the legal argument regarding the admissibility of a certain part of evidence in the court. In the case that this argument should occur, 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 make contact with us. Only at Guest Lawyers, we focus on criminal law and would be delighted to help you with inquiries or concerns. The purpose to supply honest, respectful and easy to understand legal advice so that you can slow up the stress connected with your litigation.
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