The Australian judicial system is rife with extremely specialised terminology that a majority of people could have trouble understanding. Then when you, or someone close to you continues to be facing a criminal charge, it’s imperative that you understand the legal terminology which is more likely to show up in legal documents and after a trial. Here we’ve provided a listing of a number of the more confusing terms and definitions often used in the Australian criminal justice system.
Acquittal:
This term can be used if the magistrate, jury or appeal court see that one is simple with the charges against him/her.
Affidavit:
An itemized declaration made under oath before a notary public or any other authorised officer. The individual that has written the declaration states that the contents are, to the best their knowledge, true.
Appeal:
To make an appeal is usually to take a case to some higher court so that you can challenge a decision made by a lower court or tribunal. As an example, an appeal coming from a decision with the Federal Circuit Court of Australia may be built to the federal government Court. The one that appeals is called the ‘appellant’. However, it can be important to note that does not all decisions might be appealed.
Committal Hearing:
This can be a hearing of all of the evidence that supports the charge within the lower court by way of a magistrate who decides if you find sufficient evidence for that case to venture to trial. In some committal hearings, there can be witnesses who will be necessary to provide evidence.
Complainant:
This is actually the saying used in court to consult the victim with the crime committed.
Defendant:
This is actually the saying used in court to consult the individual that has been involved in an offence. This term is interchangeable with ‘the accused’.
Deposition:
This can be a typed copy with the evidence recorded in court.
Exhibits:
All evidence (apart from evidence supplied by the witnesses) necessary to present the case to the court, including photographs, clothing, documents or another items which may be highly relevant to the case.
Indictable Offence:
A significant Criminal law firms Brisbane which is commonly heard within a higher court before the court plus a jury. Less serious indictable offences, referred to as summary offences, usually are heard within a Local Court.
Indictment:
This can be a formal written accusation charging you aren’t an offence which is intended to be tried within a higher court.
Jurisdiction:
This is actually the extent of legal authority/power with the Court to utilize regulations. As an example, australia wide the federal government Court has jurisdiction under more than 150 Acts with the Commonwealth Parliament.
Mediation:
This can be a process whereby an impartial vacation, referred to as mediator, assists with causing an agreement or agreed settlement without requiring your choice of your Court.
Plaintiff:
This is actually the saying used to consult anyone or party who initiates a civil action. Quite simply, here is the person or party who brings an incident from the defendant, and seeks punishment for that person or individuals who committed the crime.
Plea:
This is how the accused person (the defendant) tells a legal court whether or not they are guilty or otherwise not responsible for the charge against them. In the event the accused pleads guilty, a trial is not going to happen along with the case proceeds to some sentencing hearing, which determines the punishment for that crime.
Subpoena:
A subpoena compels the appearance of somebody at a trial so that you can testify and/or produce documents. This can be a court ruling, of course, if it can be disobeyed, the disobedient person could possibly be in contempt of court.
Voir Dire:
This can be a legal argument concerning the admissibility of your certain part of evidence in court. If this argument should happen, the witness along with the jury are sent out of court until it finishes.
For those who have questions regarding a criminal charge in Brisbane, please don’t hesitate to call us. Here at Guest Lawyers, we focus on criminal law and could be delighted that will help you with questions or concerns. Our aim is to provide honest, respectful and easy to understand legal services so that you can slow up the stress associated with your litigation.
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