The Australian legal system is rife with extremely specialised terminology that a lot of people might have trouble understanding. When you, or someone in the area may be faced with a criminal charge, it’s important to see the legal terminology which is likely to surface in legal documents and after a trial. Here we’ve provided a directory of many of the more confusing terms and definitions often utilized in the Australian criminal justice system.
Acquittal:
This term is employed if the magistrate, jury or appeal court discover that a person is innocent in the charges against him/her.
Affidavit:
An itemized declaration made under oath before a notary public and other authorised officer. The person who has written the declaration claims that the contents are, on the best their knowledge, true.
Appeal:
To produce an appeal is always to please take a case with a higher court in order to challenge a decision produced by a reduced court or tribunal. By way of example, an appeal from the decision in the Federal Circuit Court of Australia could possibly be built to the federal government Court. The one who appeals is called the ‘appellant’. However, it really is worth noting that does not all decisions might be appealed.
Committal Hearing:
This can be a hearing of all the evidence that sports ths charge inside the lower court with a magistrate who decides when there is sufficient evidence for your case to go to trial. In a few committal hearings, there might be witnesses who will be needed to provide evidence.
Complainant:
This can be the term used in the court to refer to the victim in the crime committed.
Defendant:
This can be the term used in the court to refer to the person who is being charged with an offence. This term is interchangeable with ‘the accused’.
Deposition:
This can be a typed copy in the evidence recorded in the court.
Exhibits:
All evidence (in addition to evidence given by the witnesses) needed to present true on the court, such as photographs, clothing, documents or another goods that could possibly be strongly related true.
Indictable Offence:
A significant Criminal law firms Brisbane which is commonly heard inside a higher court before a judge as well as a jury. Less serious indictable offences, termed as summary offences, are often heard inside a Local Court.
Indictment:
This can be a formal written accusation charging you are not an offence which is should have been tried inside a higher court.
Jurisdiction:
This can be the extent of legal authority/power in the Court to make use of regulations. By way of example, in Australia the federal government Court has jurisdiction under a lot more than 150 Acts in the Commonwealth Parliament.
Mediation:
This can be a process whereby a neutral alternative party, referred to as mediator, assists in leading to a compromise or agreed settlement without requiring the choice of the Court.
Plaintiff:
This can be the term used to refer to anybody or party who initiates a civil action. In other words, this is actually the person or party who brings an instance up against the defendant, and seeks punishment for your person or people who committed the crime.
Plea:
This is the time the accused person (the defendant) tells the court if they are guilty or not accountable for the charge against them. If your accused pleads guilty, a trial won’t take place along with the case proceeds with a sentencing hearing, which determines the punishment for your crime.
Subpoena:
A subpoena compels the look off somebody at a trial in order to testify and/or produce documents. This can be a court ruling, if it really is disobeyed, the disobedient person might be in contempt of court.
Voir Dire:
This can be a legal argument concerning the admissibility of the certain bit of evidence in the court. In the event that this argument should occur, the witness along with the jury are mailed of court until it finishes.
If you have questions regarding a criminal charge in Brisbane, please don’t hesitate to call us. Right here at Guest Lawyers, we specialize in criminal law and could be happy that may help you with questions or concerns. Goal to offer honest, respectful as well as simple to understand legal counsel in order to slow up the stress related to your litigation.
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