The Australian legislation is rife with extremely specialised terminology that most people may have trouble understanding. Then when you, or someone near to you continues to be confronted with a criminal charge, it’s vital that you see the legal terminology that’s prone to appear in legal documents and in a trial. Here we’ve provided a listing of a number 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 realize that a person is not guilty with the charges against him/her.
Affidavit:
A written declaration made under oath before a notary public and other authorised officer. The one who has written the declaration states that the contents are, on the best of their knowledge, true.
Appeal:
To create an appeal is to require a case to some higher court as a way to challenge a decision made by less court or tribunal. For instance, an appeal coming from a decision with the Federal Circuit Court of Australia might be built to the federal government Court. The individual that appeals is recognized as the ‘appellant’. However, it really is important to note that does not all decisions might be appealed.
Committal Hearing:
It is a hearing of all the evidence that props up the charge from the lower court by a magistrate who decides when there is sufficient evidence for that case to go to trial. In certain committal hearings, there could be witnesses who’re forced to provide evidence.
Complainant:
This is the expression used in the court to consult the victim with the crime committed.
Defendant:
This is the expression used in the court to consult the one who has charged with an offence. This term is interchangeable with ‘the accused’.
Deposition:
It is a typed copy with the evidence recorded in the court.
Exhibits:
All evidence (apart from evidence given by the witnesses) forced to present the situation on the court, such as photographs, clothing, documents or some other items which might be tightly related to the situation.
Indictable Offence:
A serious Criminal lawyers Brisbane that’s commonly heard in the higher court before the court and a jury. Less serious indictable offences, called summary offences, are usually heard in the Local Court.
Indictment:
It is a formal written accusation charging having it . an offence that’s intended as tried in the higher court.
Jurisdiction:
This is the extent of legal authority/power with the Court to apply what the law states. For instance, in Australia the federal government Court has jurisdiction under greater than 150 Acts with the Commonwealth Parliament.
Mediation:
It is a process whereby an impartial vacation, referred to as mediator, assists with leading to a compromise or agreed settlement without requiring the decision of your Court.
Plaintiff:
This is the expression used to consult the individual or party who initiates a civil action. Quite simply, this can be the person or party who brings in a situation from the defendant, and seeks punishment for that person or individuals who committed the crime.
Plea:
This is when the accused person (the defendant) tells the judge if they are guilty or not accountable for the charge against them. When the accused pleads guilty, an effort will not likely occur along with the case proceeds to some sentencing hearing, which determines the punishment for that crime.
Subpoena:
A subpoena compels the look off somebody in a trial as a way to testify and/or produce documents. It is a court order, and when it really is disobeyed, the disobedient person could be in contempt of court.
Voir Dire:
It is a legal argument about the admissibility of your certain bit of evidence in the court. In the case that this argument should take place, the witness along with the jury are sent out of court until it finishes.
When you have inquiries regarding a criminal charge in Brisbane, please don’t hesitate to make contact with us. Here at Guest Lawyers, we specialise in criminal law and will be delighted that may help you with inquiries or concerns. The purpose to offer honest, respectful and easy to comprehend legal advice as a way to reduce the stress linked to your litigation.
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