The Australian legal system is rife with extremely specialised terminology that a majority of people could possibly have trouble understanding. So when you, or someone near to you has been faced with a criminal charge, it’s important to view the legal terminology that is certainly prone to show up in legal documents and throughout a trial. Here we’ve provided a summary of many of the more confusing terms and definitions often employed in the Australian criminal justice system.
Acquittal:
This term can be used in the event the magistrate, jury or appeal court see that you were simple in 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, towards the best of their knowledge, true.
Appeal:
To make an appeal is usually to please take a case to some higher court as a way to challenge a conclusion produced by less court or tribunal. By way of example, an appeal from your decision in the Federal Circuit Court of Australia could possibly be designed to the government Court. The one who appeals is called the ‘appellant’. However, it can be important to note that all decisions can be appealed.
Committal Hearing:
It is a hearing of all the so-called evidence that props up the charge from the lower court with a magistrate who decides if you have sufficient evidence to the case to attend trial. In some committal hearings, there might be witnesses who’re forced to provide evidence.
Complainant:
Here is the expression used problem to consult the victim in the crime committed.
Defendant:
Here is the expression used problem to consult the individual that has been charged with a criminal offence. This term is interchangeable with ‘the accused’.
Deposition:
It is a typed copy in the evidence recorded problem.
Exhibits:
All evidence (besides evidence given by the witnesses) forced to present the case towards the court, such as photographs, clothing, documents or some other goods that could possibly be highly relevant to the case.
Indictable Offence:
A significant Brisbane lawyers that is certainly commonly heard in the higher court before the court plus a jury. Less serious indictable offences, known as summary offences, usually are heard in the Local Court.
Indictment:
It is a formal written accusation charging a person with an offence that is certainly intended to be tried in the higher court.
Jurisdiction:
Here is the extent of legal authority/power in the Court to apply regulations. By way of example, australia wide the government Court has jurisdiction under more than 150 Acts in the Commonwealth Parliament.
Mediation:
It is a process whereby an impartial third party, referred to as mediator, aids in contributing to a compromise or agreed settlement without requiring your choice of your Court.
Plaintiff:
Here is the expression used to consult anyone or party who initiates a civil action. Quite 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 when the accused person (the defendant) tells the judge whether are guilty or not responsible for the charge against them. When the accused pleads guilty, an effort won’t happen along with the case proceeds to some sentencing hearing, which determines the punishment to the crime.
Subpoena:
A subpoena compels the look off an individual at a trial as a way to testify and/or produce documents. It is a court ruling, of course, if it can be disobeyed, the disobedient person could possibly be in contempt of court.
Voir Dire:
It is a legal argument regarding the admissibility of your certain little bit of evidence problem. If this argument should occur, the witness along with the jury are sent out of court until it finishes.
For those who have questions regarding a criminal charge in Brisbane, please don’t hesitate to call us. Here at Guest Lawyers, we focus on criminal law and will be happy to assist you with questions or concerns. Our aim is to deliver honest, respectful as well as simple to be aware of legal services as a way to slow up the stress related to your litigation.
To read more about Brisbane lawyers go this site: this