The Australian legal system is rife with extremely specialised terminology that many people might have trouble understanding. So when you, or someone in the area has become confronted with a criminal charge, it’s crucial that you comprehend the legal terminology that’s more likely to come up in legal documents and within a trial. Here we’ve provided a summary of a number 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 see that one is innocent of the charges against him/her.
Affidavit:
A written declaration made under oath before a notary public or other authorised officer. The one who has written the declaration claims that the contents are, to the best their knowledge, true.
Appeal:
To generate an appeal is usually to have a case with a higher court so that you can challenge a conclusion made by a lesser court or tribunal. For instance, an appeal coming from a decision of the Federal Circuit Court of Australia may be created to the Federal Court. The one who appeals is recognized as the ‘appellant’. However, it really is important to note that all decisions may be appealed.
Committal Hearing:
This can be a hearing of all evidence that props up the charge within the lower court by a magistrate who decides if you find sufficient evidence to the case to go to trial. In certain committal hearings, there might be witnesses who will be necessary to provide evidence.
Complainant:
This is actually the term used in the courtroom to refer to the victim of the crime committed.
Defendant:
This is actually the term used in the courtroom to refer to the one who has been arrested for an offence. This term is interchangeable with ‘the accused’.
Deposition:
This can be a typed copy of the evidence recorded in the courtroom.
Exhibits:
All evidence (besides evidence given by the witnesses) necessary to present the truth to the court, including photographs, clothing, documents or other items that may be relevant to the truth.
Indictable Offence:
A serious Brisbane criminal lawyer that’s 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:
This can be a formal written accusation charging you aren’t an offence that’s intended to be tried inside a higher court.
Jurisdiction:
This is actually the extent of legal authority/power of the Court to use the law. For instance, australia wide the Federal Court has jurisdiction under over 150 Acts of the Commonwealth Parliament.
Mediation:
This can be a process whereby a neutral vacation, referred to as the mediator, assists in contributing to an agreement or agreed settlement without requiring your decision of your Court.
Plaintiff:
This is actually the term used to refer to the person or party who initiates a civil action. Quite simply, this is the person or party who brings a case from the defendant, and seeks punishment to the person or people who committed the crime.
Plea:
This is how the accused person (the defendant) tells the judge whether they are guilty or not doing the charge against them. If your accused pleads guilty, an endeavor will not likely come about along with the case proceeds with a sentencing hearing, which determines the punishment to the crime.
Subpoena:
A subpoena compels the look of someone with a trial so that you can testify and/or produce documents. This can be a court order, and when it really is disobeyed, the disobedient person could be in contempt of court.
Voir Dire:
This can be a legal argument regarding the admissibility of your certain bit of evidence in the courtroom. In the event that this argument should happen, the witness along with the jury are sent out of court until it finishes.
In case you have questions regarding a criminal charge in Brisbane, please don’t hesitate to make contact with us. Right here at Guest Lawyers, we concentrate on criminal law and could be delighted to help you with questions or concerns. Our aim is to deliver honest, respectful and simple to know legal services so that you can reduce the stress related to your litigation.
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