The Australian legislation is rife with extremely specialised terminology that a lot of people may have trouble understanding. Then when you, or someone near to you may be confronted with a criminal charge, it’s important to understand the legal terminology which is prone to come up in legal documents and in a trial. Here we’ve provided a list of a few of the more confusing terms and definitions often employed in the Australian criminal justice system.
Acquittal:
This term is employed once the magistrate, jury or appeal court find that one is not liable of the charges against him/her.
Affidavit:
A written declaration made under oath before a notary public or other authorised officer. The person who has written the declaration states that the contents are, for the better of their knowledge, true.
Appeal:
To produce an appeal is to require a case to some higher court to be able to challenge a determination made by a lesser court or tribunal. By way of example, an appeal from the decision of the Federal Circuit Court of Australia could possibly be made to the federal government Court. The person who appeals is known as the ‘appellant’. However, it can be important to note that not all decisions might be appealed.
Committal Hearing:
This can be a hearing of all evidence that supports the charge from the lower court by way of a magistrate who decides if you have sufficient evidence for the case to go to trial. In a few committal hearings, there may be witnesses who are required to provide evidence.
Complainant:
This is actually the saying used in the courtroom to consult the victim of the crime committed.
Defendant:
This is actually the saying used in the courtroom to consult the one who will be involved in a criminal offence. This term is interchangeable with ‘the accused’.
Deposition:
This can be a typed copy of the evidence recorded in the courtroom.
Exhibits:
All evidence (apart from evidence supplied by the witnesses) required to present the situation for the court, like photographs, clothing, documents or other things that could possibly be tightly related to the situation.
Indictable Offence:
A significant Brisbane lawyer which is commonly heard inside a higher court before a judge and a jury. Less serious indictable offences, known as summary offences, are often heard inside a Local Court.
Indictment:
This can be a formal written accusation charging having it . an offence which is supposed to have been tried inside a higher court.
Jurisdiction:
This is actually the extent of legal authority/power of the Court to use the law. By way of example, nationwide the federal government Court has jurisdiction under more than 150 Acts of the Commonwealth Parliament.
Mediation:
This can be a process whereby a neutral alternative party, referred to as mediator, aids in causing a compromise or agreed settlement without requiring the choice of a Court.
Plaintiff:
This is actually the saying used to consult anyone or party who initiates a civil action. Put simply, this is the person or party who brings a case up against the defendant, and seeks punishment for the person or individuals who committed the crime.
Plea:
This is when the accused person (the defendant) tells a legal court whether they are guilty or otherwise guilty of the charge against them. In the event the accused pleads guilty, a shot will not likely happen along with the case proceeds to some sentencing hearing, which determines the punishment for the crime.
Subpoena:
A subpoena compels the appearance of a person at a trial to be able to testify and/or produce documents. This can be a order from the court, of course, if it can be disobeyed, the disobedient person could be in contempt of court.
Voir Dire:
This can be a legal argument about the admissibility of a certain bit of evidence in the courtroom. In the event that this argument should occur, the witness along with the jury are mailed of court until it finishes.
In case you have inquiries regarding a criminal charge in Brisbane, please don’t hesitate to contact us. Here at Guest Lawyers, we specialise in criminal law and will be more than happy to assist you with inquiries or concerns. Our aim is to deliver honest, respectful and easy to comprehend legal services to be able to reduce the stress connected with your litigation.
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