The Australian legislation is rife with extremely specialised terminology that a lot of people could possibly have trouble understanding. So when you, or someone near to you continues to be facing a criminal charge, it’s vital that you see the legal terminology that is planning to surface in legal documents and within a trial. Here we’ve provided a listing of a number of the more confusing terms and definitions often found in the Australian criminal justice system.
Acquittal:
This term is employed if the magistrate, jury or appeal court discover that a person is simple with the charges against him/her.
Affidavit:
An itemized declaration made under oath before a notary public or another authorised officer. The person who has written the declaration states that the contents are, towards the best of their knowledge, true.
Appeal:
To create an appeal is usually to please take a case into a higher court so that you can challenge a determination manufactured by a lesser court or tribunal. By way of example, an appeal coming from a decision with the Federal Circuit Court of Australia may be created to the Federal Court. The individual that appeals is recognized as the ‘appellant’. However, it’s important to note that doesn’t all decisions may be appealed.
Committal Hearing:
It is a hearing of all the so-called evidence that sports ths charge in the lower court by way of a magistrate who decides if you have sufficient evidence for your case to attend trial. In most committal hearings, there may be witnesses that are required to provide evidence.
Complainant:
This can be the term used in court to refer to the victim with the crime committed.
Defendant:
This can be the term used in court to refer to the person who has charged with an offence. This term is interchangeable with ‘the accused’.
Deposition:
It is a typed copy with the evidence recorded in court.
Exhibits:
All evidence (aside from evidence furnished by the witnesses) required to present the case towards the court, such as photographs, clothing, documents or any other things that may be highly relevant to the case.
Indictable Offence:
A serious Criminal lawyer Brisbane that is commonly heard inside a higher court before the court plus a jury. Less serious indictable offences, termed as summary offences, usually are heard inside a Local Court.
Indictment:
It is a formal written accusation charging you aren’t an offence that is should have been tried inside a higher court.
Jurisdiction:
This can be the extent of legal authority/power with the Court to utilize what the law states. By way of example, in Australia the Federal Court has jurisdiction under over 150 Acts with the Commonwealth Parliament.
Mediation:
It is a process whereby an impartial third party, referred to as mediator, assists in contributing to a compromise or agreed settlement without requiring your decision of an Court.
Plaintiff:
This can be the term used to refer to anyone or party who initiates a civil action. Quite simply, this is actually the person or party who brings in a situation contrary to the defendant, and seeks punishment for your person or individuals who committed the crime.
Plea:
This is how the accused person (the defendant) tells legal court whether or not they are guilty or not doing the charge against them. When the accused pleads guilty, an endeavor will not likely happen as well as the case proceeds into a sentencing hearing, which determines the punishment for your crime.
Subpoena:
A subpoena compels the appearance of someone at a trial so that you can testify and/or produce documents. It is a order from the court, if it’s disobeyed, the disobedient person could possibly be in contempt of court.
Voir Dire:
It is a legal argument concerning the admissibility of an certain little bit of evidence in court. In the event that this argument should happen, the witness as well as the jury are sent out of court until it finishes.
In case you have inquiries regarding a criminal charge in Brisbane, please don’t hesitate to call us. At Guest Lawyers, we focus on criminal law and will be more than happy to help you with inquiries or concerns. The purpose to offer honest, respectful and straightforward to be aware of legal counsel so that you can reduce the stress connected with your litigation.
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