The Australian legislation is rife with extremely specialised terminology that most people might have trouble understanding. While you, or someone in the area continues to be confronted with a criminal charge, it’s vital that you comprehend the legal terminology that’s more likely to come up in legal documents and in a trial. Here we’ve provided a summary of many of the more confusing terms and definitions often utilized in the Australian criminal justice system.
Acquittal:
This term can be used when the magistrate, jury or appeal court discover that you were not guilty of the charges against him/her.
Affidavit:
A written declaration made under oath before a notary public or another authorised officer. The individual who has written the declaration claims that the contents are, to the best their knowledge, true.
Appeal:
To produce an appeal is to require a case to some higher court as a way to challenge a determination produced by a reduced court or tribunal. As an example, an appeal from your decision of the Federal Circuit Court of Australia may be designed to the federal government Court. The person who appeals is termed the ‘appellant’. However, it really is important to note that doesn’t all decisions may be appealed.
Committal Hearing:
This is a hearing of all the so-called evidence that props up the charge inside the lower court by way of a magistrate who decides if you have sufficient evidence to the case to visit trial. In some committal hearings, there can be witnesses who are needed to provide evidence.
Complainant:
Here is the term used in the court to consult the victim of the crime committed.
Defendant:
Here is the term used in the court to consult the person who is being involved in an offence. This term is interchangeable with ‘the accused’.
Deposition:
This is a typed copy of the evidence recorded in the court.
Exhibits:
All evidence (in addition to evidence given by the witnesses) needed to present true to the court, for example photographs, clothing, documents or some other items that may be relevant to true.
Indictable Offence:
A life threatening Brisbane criminal lawyer that’s commonly heard within a higher court before a judge plus a jury. Less serious indictable offences, known as summary offences, usually are heard within a Local Court.
Indictment:
This is a formal written accusation charging a person with an offence that’s should have been tried within a higher court.
Jurisdiction:
Here is the extent of legal authority/power of the Court to use legislation. As an example, nationwide the federal government Court has jurisdiction under over 150 Acts of the Commonwealth Parliament.
Mediation:
This is a process whereby an impartial third party, referred to as the mediator, aids in leading to an agreement or agreed settlement without requiring your choice of your Court.
Plaintiff:
Here is the term used to consult the individual or party who initiates a civil action. Put simply, this is actually the person or party who brings an incident up against the defendant, and seeks punishment to the person or those who committed the crime.
Plea:
This is the time the accused person (the defendant) tells the judge if they are guilty you aren’t accountable for the charge against them. When the accused pleads guilty, a trial will not happen along with the case proceeds to some sentencing hearing, which determines the punishment to the crime.
Subpoena:
A subpoena compels the appearance of somebody at a trial as a way to testify and/or produce documents. This is a court order, and if it really is disobeyed, the disobedient person may be in contempt of court.
Voir Dire:
This is a legal argument regarding the admissibility of your certain bit of evidence in the court. In the case that this argument should occur, the witness along with the jury are delivered of court until it finishes.
For those who have any questions regarding a criminal charge in Brisbane, please don’t hesitate to call us. Right here at Guest Lawyers, we focus on criminal law and would be more than pleased that may help you with any questions or concerns. The purpose to supply honest, respectful and simple to be aware of legal services as a way to lessen the stress associated with your litigation.
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