The Australian judicial system is rife with extremely specialised terminology that a lot of people could have trouble understanding. Then when you, or someone in the area has been faced with a criminal charge, it’s important to view the legal terminology which is likely to surface in legal documents and after a trial. Here we’ve provided a directory of a number of the more confusing terms and definitions often used in the Australian criminal justice system.
Acquittal:
This term can be used in the event the magistrate, jury or appeal court see that you were not guilty of the charges against him/her.
Affidavit:
An itemized 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, towards the best their knowledge, true.
Appeal:
To make an appeal would be to have a case to some higher court so that you can challenge a choice made by a lower court or tribunal. By way of example, an appeal from your decision of the Federal Circuit Court of Australia could possibly be built to the government Court. The one who appeals is recognized as the ‘appellant’. However, it can be worth noting that all decisions can be appealed.
Committal Hearing:
This is a hearing of all evidence that sports ths charge within the lower court by way of a magistrate who decides if you have sufficient evidence for your case to visit trial. In a few committal hearings, there may be witnesses who will be necessary to provide evidence.
Complainant:
Here is the expression used in court to consult the victim of the crime committed.
Defendant:
Here is the expression used in court to consult the one who will be arrested for a criminal offence. This term is interchangeable with ‘the accused’.
Deposition:
This is a typed copy of the evidence recorded in court.
Exhibits:
All evidence (apart from evidence given by the witnesses) necessary to present the case towards the court, including photographs, clothing, documents or some other items that could possibly be highly relevant to the case.
Indictable Offence:
A significant Criminal law firms Brisbane which is commonly heard in the higher court before a judge along with a jury. Less serious indictable offences, known as summary offences, are often heard in the Local Court.
Indictment:
This is a formal written accusation charging you aren’t an offence which is intended as tried in the higher court.
Jurisdiction:
Here is the extent of legal authority/power of the Court to apply regulations. By way of example, australia wide the government Court has jurisdiction under over 150 Acts of the Commonwealth Parliament.
Mediation:
This is a process whereby an impartial 3rd party, referred to as the mediator, assists with causing a compromise or agreed settlement without requiring the decision of the Court.
Plaintiff:
Here is the expression used to consult anybody or party who initiates a civil action. In other words, this is the person or party who brings an incident contrary to the defendant, and seeks punishment for your person or those who committed the crime.
Plea:
This is the time the accused person (the defendant) tells a legal court whether they are guilty or otherwise accountable for the charge against them. When the accused pleads guilty, a trial is not going to take place and also the case proceeds to some sentencing hearing, which determines the punishment for your crime.
Subpoena:
A subpoena compels the look off somebody in a trial so that you can testify and/or produce documents. This is a order from the court, if it can be disobeyed, the disobedient person could be in contempt of court.
Voir Dire:
This is a legal argument concerning the admissibility of the certain piece of evidence in court. In the event that this argument should occur, the witness and also the jury are sent of court until it finishes.
If you have any questions regarding a criminal charge in Brisbane, please don’t hesitate to get hold of us. Only at Guest Lawyers, we specialize in criminal law and would be more than happy that may help you with any questions or concerns. Our aim is to supply honest, respectful and straightforward to comprehend legal services so that you can decrease the stress linked to your litigation.
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