The Australian legal system is rife with extremely specialised terminology that a lot of people might have trouble understanding. So when you, or someone in the area continues to be confronted with a criminal charge, it’s crucial that you comprehend the legal terminology which is more likely to show up in legal documents and in a trial. Here we’ve provided a list of some of the more confusing terms and definitions often found in the Australian criminal justice system.
Acquittal:
This term can be used when the magistrate, jury or appeal court find that a person is not liable of the charges against him/her.
Affidavit:
A written declaration made under oath before a notary public or other authorised officer. The person who has written the declaration states that the contents are, for the best their knowledge, true.
Appeal:
To create an appeal is to please take a case with a higher court as a way to challenge a decision created by a reduced court or tribunal. For example, an appeal coming from a decision of the Federal Circuit Court of Australia could be built to the federal government Court. The one that appeals is known as the ‘appellant’. However, it can be worth noting that all decisions may be appealed.
Committal Hearing:
This can be a hearing of all evidence that props up the charge from the lower court by way of a magistrate who decides if you have sufficient evidence to the case to venture to trial. In certain committal hearings, there may be witnesses who will be needed to provide evidence.
Complainant:
This is the expression used in the courtroom to refer to the victim of the crime committed.
Defendant:
This is the expression used in the courtroom to refer to the one who has arrested for a criminal 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 (in addition to evidence given by the witnesses) needed to present true for the court, like photographs, clothing, documents or other things that could be highly relevant to true.
Indictable Offence:
A serious Criminal lawyers Brisbane which is commonly heard in the higher court before a judge along with a jury. Less serious indictable offences, called summary offences, are often heard in the Local Court.
Indictment:
This can be a formal written accusation charging a person with an offence which is intended as tried in the higher court.
Jurisdiction:
This is the extent of legal authority/power of the Court to apply the law. For example, nationwide the federal government Court has jurisdiction under over 150 Acts of the Commonwealth Parliament.
Mediation:
This can be a process whereby an impartial third party, called the mediator, assists in causing a compromise or agreed settlement without requiring the decision of the Court.
Plaintiff:
This is the expression used to refer to anyone or party who initiates a civil action. To put it differently, this can be the person or party who brings an instance up against the defendant, and seeks punishment to the person or those who committed the crime.
Plea:
This is the time the accused person (the defendant) tells the judge whether they are guilty or otherwise not guilty of the charge against them. If the accused pleads guilty, an endeavor will not occur as well as the case proceeds with a sentencing hearing, which determines the punishment to the crime.
Subpoena:
A subpoena compels each side a person in a trial as a way to testify and/or produce documents. This can be a court order, and when it can be disobeyed, the disobedient person could possibly be in contempt of court.
Voir Dire:
This can be a legal argument about the admissibility of the certain little bit of evidence in the courtroom. In the event that this argument should occur, 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 get hold of us. Here at Guest Lawyers, we specialise in criminal law and could be happy to help you with any questions or concerns. Our aim is to supply honest, respectful as well as simple to be aware of legal advice as a way to slow up the stress related to your litigation.
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