The Australian legal system is rife with extremely specialised terminology that a majority of people might have trouble understanding. So when you, or someone in your area has become up against a criminal charge, it’s crucial that you understand the legal terminology which is prone to show up in legal documents and throughout a trial. Here we’ve provided a directory of a number of the more confusing terms and definitions often used in the Australian criminal justice system.
Acquittal:
This term can be used if the magistrate, jury or appeal court discover that a person is simple from the charges against him/her.
Affidavit:
A written declaration made under oath before a notary public or another authorised officer. The person who has written the declaration claims that the contents are, to the better of their knowledge, true.
Appeal:
To generate an appeal is usually to require a case with a higher court to be able to challenge a choice produced by a lower court or tribunal. For example, an appeal coming from a decision from the Federal Circuit Court of Australia might be made to the federal government Court. The one that appeals is called the ‘appellant’. However, it really is worth noting that all decisions might be appealed.
Committal Hearing:
It is a hearing of all the evidence that props up the charge inside the lower court by way of a magistrate who decides if you find sufficient evidence to the case to attend trial. In certain committal hearings, there may be witnesses that are necessary to provide evidence.
Complainant:
This is the expression used in the court to refer to the victim from the crime committed.
Defendant:
This is the expression used in the court to refer to the individual that has arrested for an offence. This term is interchangeable with ‘the accused’.
Deposition:
It is a typed copy from the evidence recorded in the court.
Exhibits:
All evidence (apart from evidence provided by the witnesses) necessary to present true to the court, like photographs, clothing, documents or other items that might be relevant to true.
Indictable Offence:
A significant Lawyers in Brisbane which is commonly heard in the higher court before a judge and a jury. Less serious indictable offences, referred to as summary offences, are often heard in the Local Court.
Indictment:
It is a formal written accusation charging you aren’t an offence which is intended to be tried in the higher court.
Jurisdiction:
This is the extent of legal authority/power from the Court to use legislation. For example, australia wide the federal government Court has jurisdiction under greater than 150 Acts from the Commonwealth Parliament.
Mediation:
It is a process whereby a neutral vacation, referred to as the mediator, aids in causing a compromise or agreed settlement without requiring your decision of your Court.
Plaintiff:
This is the expression used to refer to the person or party who initiates a civil action. Put simply, here is the person or party who brings an incident against the defendant, and seeks punishment to the person or individuals who committed the crime.
Plea:
This is where the accused person (the defendant) tells the court whether are guilty or not responsible for the charge against them. If your accused pleads guilty, an endeavor is not going to happen as well as the case proceeds with a sentencing hearing, which determines the punishment to the crime.
Subpoena:
A subpoena compels the appearance of an individual at a trial to be able to testify and/or produce documents. It is a court order, if it really is disobeyed, the disobedient person might be in contempt of court.
Voir Dire:
It is a legal argument concerning the admissibility of your certain part of evidence in the court. In the case that this argument should take place, the witness as well as 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 contact us. Here at Guest Lawyers, we specialize in criminal law and will be delighted that may help you with any questions or concerns. Our aim is to offer honest, respectful as well as simple to understand legal services to be able to slow up the stress associated with your litigation.
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