The Australian judicial system is rife with extremely specialised terminology that a majority of people may have trouble understanding. When you, or someone in your area has become faced with a criminal charge, it’s crucial that you comprehend the legal terminology that is prone to show up in legal documents and after a trial. Here we’ve provided a list of a number of the more confusing terms and definitions often found in the Australian criminal justice system.
Acquittal:
This term is used in the event the magistrate, jury or appeal court discover that one is simple of the charges against him/her.
Affidavit:
A written declaration made under oath before a notary public and other authorised officer. The individual who has written the declaration claims that the contents are, towards the better of their knowledge, true.
Appeal:
To make an appeal would be to have a case with a higher court in order to challenge a conclusion made by less court or tribunal. By way of example, an appeal from a decision of the Federal Circuit Court of Australia might be made to the Federal Court. The person who appeals is termed the ‘appellant’. However, it can be worth noting that not all decisions can be appealed.
Committal Hearing:
It is a hearing of all of the evidence that sports ths charge from the lower court by way of a magistrate who decides if you find sufficient evidence to the case to venture to trial. In most committal hearings, there can be witnesses who will be necessary to provide evidence.
Complainant:
This is the saying used in court to refer to the victim of the crime committed.
Defendant:
This is the saying used in court to refer to the individual that is being arrested for a criminal offence. This term is interchangeable with ‘the accused’.
Deposition:
It is a typed copy of the evidence recorded in court.
Exhibits:
All evidence (apart from evidence given by the witnesses) necessary to present true towards the court, including photographs, clothing, documents or some other things that might be relevant to true.
Indictable Offence:
A significant Criminal lawyer Brisbane that is commonly heard inside a higher court before the court and a jury. Less serious indictable offences, termed as summary offences, are generally heard inside a Local Court.
Indictment:
It is a formal written accusation charging a person with an offence that is supposed to have been tried inside a higher court.
Jurisdiction:
This is the extent of legal authority/power of the Court to utilize legislation. By way of example, nationwide the Federal Court has jurisdiction under more than 150 Acts of the Commonwealth Parliament.
Mediation:
It is a process whereby an impartial 3rd party, known as the mediator, assists in leading to a compromise or agreed settlement without requiring the choice of an Court.
Plaintiff:
This is the saying used to refer to anybody or party who initiates a civil action. In other words, this can be the person or party who brings an incident up against the defendant, and seeks punishment to the person or people that committed the crime.
Plea:
This is when the accused person (the defendant) tells legal court whether are guilty you aren’t guilty of the charge against them. If your accused pleads guilty, an endeavor will not happen and also the case proceeds with a sentencing hearing, which determines the punishment to the crime.
Subpoena:
A subpoena compels the look of a person in a trial in order to testify and/or produce documents. It is a court ruling, if it can be disobeyed, the disobedient person could possibly be in contempt of court.
Voir Dire:
It is a legal argument about the admissibility of an certain piece of evidence in court. In the event that this argument should occur, the witness and also the jury are sent out of court until it finishes.
If you have inquiries regarding a criminal charge in Brisbane, please don’t hesitate to get hold of us. Here at Guest Lawyers, we concentrate on criminal law and will be more than pleased that may help you with inquiries or concerns. Our aim is to supply honest, respectful as well as simple to know legal advice in order to decrease the stress connected with your litigation.
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