The Australian courts is rife with extremely specialised terminology that many people could possibly have trouble understanding. So when you, or someone in the area has been facing a criminal charge, it’s imperative that you understand the legal terminology which is more likely to show up in legal documents and after a trial. Here we’ve provided a summary of some of the more confusing terms and definitions often used in the Australian criminal justice system.
Acquittal:
This term can be used when the magistrate, jury or appeal court realize that a person is not liable of the charges against him/her.
Affidavit:
A written declaration made under oath before a notary public and other authorised officer. The one who has written the declaration states that the contents are, on the best their knowledge, true.
Appeal:
To create an appeal is always to take a case with a higher court in order to challenge a conclusion made by less court or tribunal. For instance, an appeal from a decision of the Federal Circuit Court of Australia could be created to the Federal Court. The one who appeals is called the ‘appellant’. However, it can be important to note that not all decisions can be appealed.
Committal Hearing:
This is the hearing of all evidence that sports ths charge within the lower court with a magistrate who decides if you have sufficient evidence for the case to visit trial. In certain committal hearings, there could be witnesses who’re required to provide evidence.
Complainant:
This can be the saying used in the court to consult the victim of the crime committed.
Defendant:
This can be the saying used in the court to consult the individual that will be involved in a criminal offence. This term is interchangeable with ‘the accused’.
Deposition:
This is the typed copy of the evidence recorded in the court.
Exhibits:
All evidence (apart from evidence furnished by the witnesses) required to present the case on the court, like photographs, clothing, documents or other items which could be tightly related to the case.
Indictable Offence:
A life threatening Lawyer Brisbane which is commonly heard inside a higher court before a judge along with a jury. Less serious indictable offences, referred to as summary offences, are usually heard inside a Local Court.
Indictment:
This is the formal written accusation charging a person with an offence which is supposed to have been tried inside a higher court.
Jurisdiction:
This can be the extent of legal authority/power of the Court to use legislation. For instance, nationwide the Federal Court has jurisdiction under over 150 Acts of the Commonwealth Parliament.
Mediation:
This is the process whereby an impartial vacation, referred to as mediator, assists in leading to an agreement or agreed settlement without requiring the decision of an Court.
Plaintiff:
This can be the saying used to consult anyone or party who initiates a civil action. Quite simply, this is the person or party who brings in a situation contrary to the defendant, and seeks punishment for the person or people that committed the crime.
Plea:
This is how the accused person (the defendant) tells legal court if they are guilty or not doing the charge against them. If your accused pleads guilty, an effort is not going to happen and also the case proceeds with a sentencing hearing, which determines the punishment for the crime.
Subpoena:
A subpoena compels each side somebody at the trial in order to testify and/or produce documents. This is the court ruling, and if it can be disobeyed, the disobedient person could be in contempt of court.
Voir Dire:
This is the legal argument in regards to the admissibility of an certain part of evidence in the court. In the event that this argument should take place, the witness and also 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. Only at Guest Lawyers, we focus on criminal law and will be happy to help you with questions or concerns. Our aim is to deliver honest, respectful and straightforward to comprehend legal advice in order to lessen the stress connected with your litigation.
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