The Australian legal system is rife with extremely specialised terminology that most people may have trouble understanding. While you, or someone in the area may be up against a criminal charge, it’s crucial that you view the legal terminology which is planning to show up in legal documents and within a trial. Here we’ve provided a list of some of the more confusing terms and definitions often employed in the Australian criminal justice system.
Acquittal:
This term is employed once the magistrate, jury or appeal court find that an individual is not guilty with the charges against him/her.
Affidavit:
An itemized declaration made under oath before a notary public or another authorised officer. The one who has written the declaration claims that the contents are, towards the best of their knowledge, true.
Appeal:
To produce an appeal would be to take a case with a higher court as a way to challenge a choice produced by less court or tribunal. For example, an appeal from the decision with the Federal Circuit Court of Australia could possibly be designed to the government Court. The one who appeals is known as the ‘appellant’. However, it really is worth noting that not all decisions could be appealed.
Committal Hearing:
This can be a hearing of all the evidence that supports the charge within the lower court by way of a magistrate who decides when there is sufficient evidence for the case to go to trial. In a few committal hearings, there may be witnesses who’re necessary to provide evidence.
Complainant:
This is the term used in the court to consult the victim with the crime committed.
Defendant:
This is the term used in the court to consult the person who will be arrested for an offence. This term is interchangeable with ‘the accused’.
Deposition:
This can be a typed copy with the evidence recorded in the court.
Exhibits:
All evidence (besides evidence given by the witnesses) necessary to present true towards the court, like photographs, clothing, documents or another things that could possibly be strongly related true.
Indictable Offence:
A serious Brisbane lawyers which is commonly heard inside a higher court before a judge along with a jury. Less serious indictable offences, known as summary offences, usually are heard inside a Local Court.
Indictment:
This can be a formal written accusation charging a person with an offence which is intended as tried inside a higher court.
Jurisdiction:
This is the extent of legal authority/power with the Court to apply what the law states. For example, around australia the government Court has jurisdiction under a lot more than 150 Acts with the Commonwealth Parliament.
Mediation:
This can be a process whereby an impartial alternative party, referred to as the mediator, assists with leading to an agreement or agreed settlement without requiring the choice of a Court.
Plaintiff:
This is the term used to consult the individual or party who initiates a civil action. To put it differently, this can be the person or party who brings an incident up against the defendant, and seeks punishment for the person or those who committed the crime.
Plea:
This is the time the accused person (the defendant) tells a legal court whether they are guilty you aren’t guilty of the charge against them. If your accused pleads guilty, a shot is not going to take place along with the case proceeds with a sentencing hearing, which determines the punishment for the crime.
Subpoena:
A subpoena compels the appearance of somebody at the trial as a way to testify and/or produce documents. This can be a court order, and if it really is disobeyed, the disobedient person could possibly be in contempt of court.
Voir Dire:
This can be a legal argument about the admissibility of a certain bit of evidence in the court. If this argument should happen, the witness along with the jury are delivered of court until it finishes.
In case you have any questions regarding a criminal charge in Brisbane, please don’t hesitate to contact us. Only at Guest Lawyers, we focus on criminal law and could be more than happy that will help you with any questions or concerns. Goal to provide honest, respectful and straightforward to be aware of legal counsel as a way to lessen the stress linked to your litigation.
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