The Australian courts is rife with extremely specialised terminology that most people may have trouble understanding. While you, or someone in the area has been confronted with a criminal charge, it’s crucial that you comprehend the legal terminology that is certainly planning to appear in legal documents and in a trial. Here we’ve provided a directory of many of the more confusing terms and definitions often found in the Australian criminal justice system.
Acquittal:
This term is used if the magistrate, jury or appeal court find that one is not guilty with the charges against him/her.
Affidavit:
An itemized declaration made under oath before a notary public or any other authorised officer. The person who has written the declaration states that the contents are, on the best their knowledge, true.
Appeal:
To create an appeal is to have a case to a higher court to be able to challenge a conclusion manufactured by less court or tribunal. For example, an appeal coming from a decision with the Federal Circuit Court of Australia may be built to the Federal Court. The person who appeals is termed the ‘appellant’. However, it really is important to note that does not all decisions can be appealed.
Committal Hearing:
This is the hearing of all evidence that sports ths charge in the lower court by way of a magistrate who decides when there is sufficient evidence for your case to venture to trial. In a few committal hearings, there might be witnesses who’re forced to provide evidence.
Complainant:
This can be the expression used in the courtroom to refer to the victim with the crime committed.
Defendant:
This can be the expression used in the courtroom to refer to the individual that will be arrested for an offence. This term is interchangeable with ‘the accused’.
Deposition:
This is the typed copy with the evidence recorded in the courtroom.
Exhibits:
All evidence (aside from evidence furnished by the witnesses) forced to present true on the court, including photographs, clothing, documents or other items which may be strongly related true.
Indictable Offence:
A serious Lawyer Brisbane that is certainly commonly heard inside a higher court before the court plus a jury. Less serious indictable offences, referred to as summary offences, usually are heard inside a Local Court.
Indictment:
This is the formal written accusation charging a person with an offence that is certainly supposed to have been tried inside a higher court.
Jurisdiction:
This can be the extent of legal authority/power with the Court to apply regulations. For example, australia wide the Federal Court has jurisdiction under a lot more than 150 Acts with the Commonwealth Parliament.
Mediation:
This is the process whereby a neutral third party, referred to as mediator, assists with bringing about a compromise or agreed settlement without requiring the decision of your Court.
Plaintiff:
This can be the expression used to refer to the person or party who initiates a civil action. To put it differently, this can be the person or party who brings a case contrary to the defendant, and seeks punishment for your person or people that committed the crime.
Plea:
This is how the accused person (the defendant) tells the judge whether they are guilty you aren’t responsible for the charge against them. If your accused pleads guilty, an endeavor will not come about and 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 to be able to testify and/or produce documents. This is the order from the court, of course, if it really is disobeyed, the disobedient person might be in contempt of court.
Voir Dire:
This is the legal argument regarding the admissibility of your certain part of evidence in the courtroom. In the event that this argument should happen, the witness and the jury are sent of court until it finishes.
When you have any queries regarding a criminal charge in Brisbane, please don’t hesitate to call us. Here at Guest Lawyers, we specialise in criminal law and will be more than pleased to assist you with any queries or concerns. The purpose to provide honest, respectful and straightforward to comprehend legal advice to be able to reduce the stress related to your litigation.
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