The Australian judicial system is rife with extremely specialised terminology that a majority of people might have trouble understanding. While you, or someone in your area has been faced with a criminal charge, it’s imperative that you see the legal terminology which is planning to surface in legal documents and after a trial. Here we’ve provided a directory of many of the more confusing terms and definitions often employed in the Australian criminal justice system.
Acquittal:
This term is utilized once the magistrate, jury or appeal court discover that one is not liable with the charges against him/her.
Affidavit:
An itemized declaration made under oath before a notary public or another authorised officer. The person who has written the declaration states that the contents are, towards the better of their knowledge, true.
Appeal:
To generate an appeal is always to take a case with a higher court so that you can challenge a determination created by a lesser court or tribunal. As an example, an appeal from a decision with the Federal Circuit Court of Australia could possibly be made to the government Court. The one who appeals is known as the ‘appellant’. However, it’s important to note that doesn’t all decisions might be appealed.
Committal Hearing:
This is a hearing of all the so-called evidence that supports the charge within the lower court by way of a magistrate who decides if you find sufficient evidence to the case to go to trial. In some committal hearings, there might be witnesses who are necessary to provide evidence.
Complainant:
This can be the saying used in the courtroom to consult the victim with the crime committed.
Defendant:
This can be the saying used in the courtroom to consult the individual that has charged with an offence. This term is interchangeable with ‘the accused’.
Deposition:
This is a typed copy with the evidence recorded in the courtroom.
Exhibits:
All evidence (apart from evidence supplied by the witnesses) necessary to present the truth towards the court, including photographs, clothing, documents or other things that could possibly be relevant to the truth.
Indictable Offence:
A life threatening Brisbane lawyers which is commonly heard in the higher court before the court plus a jury. Less serious indictable offences, known as summary offences, are usually heard in the Local Court.
Indictment:
This is a formal written accusation charging you aren’t an offence which is should have been tried in the higher court.
Jurisdiction:
This can be the extent of legal authority/power with the Court to use regulations. As an example, nationwide the government Court has jurisdiction under over 150 Acts with the Commonwealth Parliament.
Mediation:
This is a process whereby an impartial 3rd party, known as the mediator, assists with contributing to a compromise or agreed settlement without requiring the decision of an Court.
Plaintiff:
This can be the saying used to consult the individual or party who initiates a civil action. In other words, here is the person or party who brings an incident up against the defendant, and seeks punishment to the person or those who committed the crime.
Plea:
This is the time the accused person (the defendant) tells a legal court if they are guilty you aren’t doing the charge against them. In the event the accused pleads guilty, a trial will not occur as well as the case proceeds with a sentencing hearing, which determines the punishment to the crime.
Subpoena:
A subpoena compels the appearance of someone with a trial so that you can testify and/or produce documents. This is a court ruling, and if it’s disobeyed, the disobedient person could be in contempt of court.
Voir Dire:
This is a legal argument in regards to the admissibility of an certain piece of evidence in the courtroom. If this argument should occur, the witness as well as the jury are mailed of court until it finishes.
If you have questions regarding a criminal charge in Brisbane, please don’t hesitate to call us. Right here at Guest Lawyers, we focus on criminal law and would be happy that may help you with questions or concerns. Goal to offer honest, respectful and easy to understand legal counsel so that you can lessen the stress associated with your litigation.
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