The Australian courts is rife with extremely specialised terminology that a majority of people may have trouble understanding. While you, or someone close to you continues to be faced with a criminal charge, it’s imperative that you view the legal terminology that is more likely to come up in legal documents and in a trial. Here we’ve provided a directory of a few of the more confusing terms and definitions often employed in the Australian criminal justice system.
Acquittal:
This term is used once the magistrate, jury or appeal court find that an individual is not liable from the charges against him/her.
Affidavit:
An itemized declaration made under oath before a notary public and other authorised officer. The person who has written the declaration claims that the contents are, on the best their knowledge, true.
Appeal:
To generate an appeal is to have a case into a higher court to be able to challenge a determination made by a reduced court or tribunal. For example, an appeal coming from a decision from the Federal Circuit Court of Australia could possibly be made to the government Court. The individual that appeals is recognized as the ‘appellant’. However, it really is important to note that all decisions can be appealed.
Committal Hearing:
It is a hearing of all of the evidence that props up charge within the lower court by the magistrate who decides when there is sufficient evidence to the case to visit trial. In certain committal hearings, there may be witnesses who will be required to provide evidence.
Complainant:
Here is the term used in court to consult the victim from the crime committed.
Defendant:
Here is the term used in court to consult the person who has been faced with an offence. This term is interchangeable with ‘the accused’.
Deposition:
It is a typed copy from the evidence recorded in court.
Exhibits:
All evidence (aside from evidence provided by the witnesses) required to present the case on the court, for example photographs, clothing, documents or any other items which could possibly be tightly related to the case.
Indictable Offence:
A serious Lawyer Brisbane that is commonly heard inside a higher court before a judge and a jury. Less serious indictable offences, termed as summary offences, are often heard inside a Local Court.
Indictment:
It is a formal written accusation charging you aren’t an offence that is intended as tried inside a higher court.
Jurisdiction:
Here is the extent of legal authority/power from the Court to make use of what the law states. For example, around australia the government Court has jurisdiction under greater than 150 Acts from the Commonwealth Parliament.
Mediation:
It is a process whereby an impartial vacation, called the mediator, aids in contributing to a compromise or agreed settlement without requiring your choice of the Court.
Plaintiff:
Here is the term used to consult the person or party who initiates a civil action. Put simply, this is actually the person or party who brings an instance from the defendant, and seeks punishment to the person or people that committed the crime.
Plea:
This is where the accused person (the defendant) tells a legal court whether they are guilty or not accountable for the charge against them. In the event the accused pleads guilty, an endeavor is not going to come about along with the case proceeds into a sentencing hearing, which determines the punishment to the crime.
Subpoena:
A subpoena compels the look of a person at the trial to be able to testify and/or produce documents. It is a court ruling, of course, if it really is disobeyed, the disobedient person could be in contempt of court.
Voir Dire:
It is a legal argument about the admissibility of the certain part of evidence in court. In the event that this argument should occur, the witness along with the jury are mailed of court until it finishes.
For those who have questions regarding a criminal charge in Brisbane, please don’t hesitate to contact us. Only at Guest Lawyers, we specialize in criminal law and can be happy to assist you with questions or concerns. Our aim is to offer honest, respectful as well as simple to comprehend legal services to be able to reduce the stress associated with your litigation.
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