The Australian judicial system is rife with extremely specialised terminology that a majority of people might have trouble understanding. When you, or someone in your area has been facing a criminal charge, it’s important to see the legal terminology that is certainly planning to surface in legal documents and after a trial. Here we’ve provided a directory of a few of the more confusing terms and definitions often found in the Australian criminal justice system.
Acquittal:
This term can be used when the magistrate, jury or appeal court find that one is not guilty in the charges against him/her.
Affidavit:
An itemized declaration made under oath before a notary public and other authorised officer. The person who has written the declaration states that the contents are, to the best of their knowledge, true.
Appeal:
To produce an appeal is usually to please take a case into a higher court to be able to challenge a choice made by less court or tribunal. By way of example, an appeal from the decision in the Federal Circuit Court of Australia might be designed to the federal government Court. The individual that appeals is called the ‘appellant’. However, it is important to note that not all decisions might be appealed.
Committal Hearing:
This can be a hearing of all the so-called evidence that props up the charge inside the lower court by the magistrate who decides if you find sufficient evidence for your case to visit trial. In some committal hearings, there might be witnesses who will be necessary to provide evidence.
Complainant:
Here is the saying used problem to refer to the victim in the crime committed.
Defendant:
Here is the saying used problem to refer to the person who is being charged with a criminal offence. This term is interchangeable with ‘the accused’.
Deposition:
This can be a typed copy in the evidence recorded problem.
Exhibits:
All evidence (besides evidence supplied by the witnesses) necessary to present the truth to the court, for example photographs, clothing, documents or some other goods that might be strongly related the truth.
Indictable Offence:
A significant Brisbane criminal lawyer that is certainly commonly heard within a higher court before the court as well as a jury. Less serious indictable offences, known as summary offences, are generally heard within a Local Court.
Indictment:
This can be a formal written accusation charging you aren’t an offence that is certainly should have been tried within a higher court.
Jurisdiction:
Here is the extent of legal authority/power in the Court to apply legislation. By way of example, nationwide the federal government Court has jurisdiction under a lot more than 150 Acts in the Commonwealth Parliament.
Mediation:
This can be a process whereby a neutral third party, called the mediator, assists in leading to an agreement or agreed settlement without requiring the choice of a Court.
Plaintiff:
Here is the saying used to refer to anyone or party who initiates a civil action. Quite simply, this can be the person or party who brings an incident against the defendant, and seeks punishment for your person or individuals who committed the crime.
Plea:
This is when the accused person (the defendant) tells the court if they are guilty or otherwise not guilty of the charge against them. When the accused pleads guilty, an effort won’t happen as well as the case proceeds into a sentencing hearing, which determines the punishment for your crime.
Subpoena:
A subpoena compels each side an individual in a trial to be able to testify and/or produce documents. This can be a court order, and when it is disobeyed, the disobedient person might be in contempt of court.
Voir Dire:
This can be a legal argument regarding the admissibility of a certain bit of evidence problem. In the case that this argument should take place, the witness as well as the jury are mailed of court until it finishes.
If you have inquiries regarding a criminal charge in Brisbane, please don’t hesitate to make contact with us. Right here at Guest Lawyers, we specialise in criminal law and would be more than pleased to assist you with inquiries or concerns. Our aim is to offer honest, respectful and simple to be aware of legal advice to be able to lessen the stress associated with your litigation.
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