The Australian judicial system is rife with extremely specialised terminology that a majority of people could possibly have trouble understanding. So when you, or someone close to you has been faced with a criminal charge, it’s crucial that you comprehend the legal terminology that is certainly more likely to come 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 can be used once the magistrate, jury or appeal court find that an individual is not liable in the charges against him/her.
Affidavit:
An itemized declaration made under oath before a notary public or another authorised officer. The individual that has written the declaration claims that the contents are, for the better of their knowledge, true.
Appeal:
To create an appeal would be to have a case to a higher court so that you can challenge a determination created by less court or tribunal. As an example, an appeal from your decision in the Federal Circuit Court of Australia may be built to the federal government Court. The one who appeals is called the ‘appellant’. However, it really is worth noting that does not all decisions may be appealed.
Committal Hearing:
This is a hearing of all of the evidence that props up the charge from the lower court by a magistrate who decides if you find sufficient evidence for that case to go to trial. In some committal hearings, there can be witnesses who’re necessary to provide evidence.
Complainant:
This is the expression used in the court to refer to the victim in the crime committed.
Defendant:
This is the expression used in the court to refer to the one that is being charged with an offence. This term is interchangeable with ‘the accused’.
Deposition:
This is a typed copy in the evidence recorded in the court.
Exhibits:
All evidence (apart from evidence furnished by the witnesses) necessary to present true for the court, for example photographs, clothing, documents or some other items that may be highly relevant to true.
Indictable Offence:
A life threatening Brisbane lawyers that is certainly commonly heard in a higher court before a judge along with a jury. Less serious indictable offences, known as summary offences, are generally heard in a Local Court.
Indictment:
This is a formal written accusation charging having it . an offence that is certainly intended as tried in a higher court.
Jurisdiction:
This is the extent of legal authority/power in the Court to use the law. As an example, in Australia the federal government Court has jurisdiction under more than 150 Acts in the Commonwealth Parliament.
Mediation:
This is a process whereby an impartial alternative party, referred to as the mediator, assists in causing a compromise or agreed settlement without requiring the decision of your Court.
Plaintiff:
This is the expression used to refer to the person or party who initiates a civil action. Put simply, this is actually the person or party who brings a case up against the defendant, and seeks punishment for that person or people who committed the crime.
Plea:
This is when the accused person (the defendant) tells legal court whether or not they are guilty or not doing the charge against them. When the accused pleads guilty, an endeavor will not occur as well as the case proceeds to a sentencing hearing, which determines the punishment for that crime.
Subpoena:
A subpoena compels the appearance of somebody at the trial so that you can testify and/or produce documents. This is a court order, and when it really is disobeyed, the disobedient person could possibly be in contempt of court.
Voir Dire:
This is a legal argument about the admissibility of your certain piece of evidence in the court. In the event 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 contact us. At Guest Lawyers, we specialise in criminal law and could be more than pleased that may help you with inquiries or concerns. The purpose to offer honest, respectful and easy to be aware of legal advice so that you can lessen the stress related to your litigation.
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