The Australian judicial system is rife with extremely specialised terminology that many people could possibly have trouble understanding. Then when you, or someone close to you has become confronted with a criminal charge, it’s important to see the legal terminology that’s planning to come up in legal documents and within a trial. Here we’ve provided a directory of a number of the more confusing terms and definitions often found in the Australian criminal justice system.
Acquittal:
This term is used when the magistrate, jury or appeal court see that an individual is innocent with the charges against him/her.
Affidavit:
A written declaration made under oath before a notary public or other authorised officer. The individual who has written the declaration states that the contents are, for the best of their knowledge, true.
Appeal:
To generate an appeal is always to have a case with a higher court to be able to challenge a determination made by less court or tribunal. As an example, an appeal coming from a decision with the Federal Circuit Court of Australia could possibly be designed to the federal government Court. The one that appeals is called 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 the so-called evidence that supports the charge within the lower court with a magistrate who decides if you have sufficient evidence for the case to venture to trial. In most committal hearings, there can be witnesses who are forced to provide evidence.
Complainant:
Here is the saying used problem to consult the victim with the crime committed.
Defendant:
Here is the saying used problem to consult the individual that has been faced with a criminal offence. This term is interchangeable with ‘the accused’.
Deposition:
This is the typed copy with the evidence recorded problem.
Exhibits:
All evidence (aside from evidence given by the witnesses) forced to present true for the court, like photographs, clothing, documents or other items that could possibly be highly relevant to true.
Indictable Offence:
A critical Criminal lawyer Brisbane that’s commonly heard in the higher court before the court and a jury. Less serious indictable offences, referred to as summary offences, are generally heard in the Local Court.
Indictment:
This is the formal written accusation charging you aren’t an offence that’s should have been tried in the higher court.
Jurisdiction:
Here is the extent of legal authority/power with the Court to apply the law. As an example, in Australia the federal government Court has jurisdiction under more than 150 Acts with the Commonwealth Parliament.
Mediation:
This is the process whereby a neutral third party, referred to as the mediator, aids in leading to a compromise or agreed settlement without requiring your decision of a Court.
Plaintiff:
Here is the saying used to consult anybody or party who initiates a civil action. Put simply, this is the person or party who brings an instance against the defendant, and seeks punishment for the person or people that committed the crime.
Plea:
This is where the accused person (the defendant) tells the judge whether they are guilty or not guilty of the charge against them. If the accused pleads guilty, an effort is not going to happen and the case proceeds with a sentencing hearing, which determines the punishment for the crime.
Subpoena:
A subpoena compels the look off someone with a trial to be able to testify and/or produce documents. This is the court order, and when it really is disobeyed, the disobedient person may be in contempt of court.
Voir Dire:
This is the legal argument in regards to the admissibility of a certain bit of evidence problem. In the case that this argument should occur, the witness and the jury are sent of court until it finishes.
For those who have inquiries regarding a criminal charge in Brisbane, please don’t hesitate to get hold of us. At Guest Lawyers, we specialize in criminal law and can be delighted that will help you with inquiries or concerns. Goal to provide honest, respectful and simple to understand legal advice to be able to lessen the stress related to your litigation.
More details about Criminal lawyer Brisbane go to this popular website: read more