The Australian legislation is rife with extremely specialised terminology that a majority of people could possibly have trouble understanding. So when you, or someone near to you has been up against a criminal charge, it’s crucial that you understand the legal terminology that is more likely to show up in legal documents and in a trial. Here we’ve provided a summary of a few of the more confusing terms and definitions often employed in the Australian criminal justice system.
Acquittal:
This term can be used if the magistrate, jury or appeal court discover that one is not guilty with the charges against him/her.
Affidavit:
A written declaration made under oath before a notary public or another authorised officer. The individual that has written the declaration claims that the contents are, for the better of their knowledge, true.
Appeal:
To create an appeal is always to have a case to some higher court in order to challenge a decision made by less court or tribunal. By way of example, an appeal coming from a decision with the Federal Circuit Court of Australia might be designed to the federal government Court. The one that appeals is recognized as the ‘appellant’. However, it is important to note that not all decisions can be appealed.
Committal Hearing:
This can be a hearing of all the so-called evidence that props up the charge in the lower court by a magistrate who decides if there is sufficient evidence for the case to visit trial. In certain committal hearings, there could be witnesses who’re needed 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 one who is being charged with 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 (aside from evidence provided by the witnesses) needed to present true for the court, such as photographs, clothing, documents or other items that might be relevant to true.
Indictable Offence:
A critical Lawyers in Brisbane that is commonly heard in a higher court before the court as well as a jury. Less serious indictable offences, called summary offences, are often heard in a Local Court.
Indictment:
This can be a formal written accusation charging you aren’t an offence that is intended as tried in a higher court.
Jurisdiction:
This is actually the extent of legal authority/power with the Court to utilize the law. By way of example, in Australia the federal government Court has jurisdiction under over 150 Acts with the Commonwealth Parliament.
Mediation:
This can be a process whereby a neutral vacation, known as the mediator, aids in causing an agreement or agreed settlement without requiring the choice of your Court.
Plaintiff:
This is actually the saying used to consult anybody or party who initiates a civil action. Quite simply, this can be the person or party who brings in a situation from the defendant, and seeks punishment for the person or people that committed the crime.
Plea:
This is when the accused person (the defendant) tells the court whether are guilty or otherwise not guilty of the charge against them. If your accused pleads guilty, an endeavor will not likely occur as well as the case proceeds to some sentencing hearing, which determines the punishment for the crime.
Subpoena:
A subpoena compels each side someone with a trial in order to testify and/or produce documents. This can be a order from the court, of course, if it is disobeyed, the disobedient person could possibly be in contempt of court.
Voir Dire:
This can be a legal argument in regards to the admissibility of your certain piece of evidence in court. In the event that this argument should happen, the witness as well as the jury are sent of court until it finishes.
If you have inquiries 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 can be happy to assist you with inquiries or concerns. Goal to deliver honest, respectful and straightforward to know legal services in order to reduce the stress related to your litigation.
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