The Australian legislation is rife with extremely specialised terminology that a lot of people might have trouble understanding. While you, or someone close to you has been faced with a criminal charge, it’s imperative that you view the legal terminology that is planning to surface in legal documents and in a trial. Here we’ve provided a listing of many of the more confusing terms and definitions often used in the Australian criminal justice system.
Acquittal:
This term can be used once the magistrate, jury or appeal court discover that one is not liable from 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 states that the contents are, to the best of their knowledge, true.
Appeal:
To produce an appeal is always to require a case to some higher court to be able to challenge a determination manufactured by a lower court or tribunal. As an example, an appeal from a decision from the Federal Circuit Court of Australia could possibly be made to the Federal Court. The one who appeals is termed the ‘appellant’. However, it’s worth noting that all decisions might be appealed.
Committal Hearing:
This can be a hearing of all the so-called evidence that props up the charge within the lower court by way of a magistrate who decides if you have sufficient evidence to the case to go to trial. In certain committal hearings, there might be witnesses who are required to provide evidence.
Complainant:
Here is the saying used in the courtroom to consult the victim from the crime committed.
Defendant:
Here is the saying used in the courtroom to consult the one that is being faced with a criminal offence. This term is interchangeable with ‘the accused’.
Deposition:
This can be a typed copy from the evidence recorded in the courtroom.
Exhibits:
All evidence (aside from evidence furnished by the witnesses) required to present the case to the court, including photographs, clothing, documents or any other items which could possibly be relevant to the case.
Indictable Offence:
A life threatening Criminal law firms Brisbane that is commonly heard in the higher court before a judge and a jury. Less serious indictable offences, called summary offences, usually are heard in the Local Court.
Indictment:
This can be a formal written accusation charging you aren’t an offence that is supposed to have been tried in the higher court.
Jurisdiction:
Here is the extent of legal authority/power from the Court to use the law. As an example, nationwide the Federal Court has jurisdiction under a lot more than 150 Acts from the Commonwealth Parliament.
Mediation:
This can be a process whereby an impartial alternative party, referred to as the mediator, aids in bringing about a compromise or agreed settlement without requiring the choice of your Court.
Plaintiff:
Here is the saying used to consult anyone or party who initiates a civil action. In other words, this is actually the person or party who brings in a situation up against the defendant, and seeks punishment to the person or people that committed the crime.
Plea:
This is the time the accused person (the defendant) tells the judge whether or not they are guilty or not guilty of the charge against them. When the accused pleads guilty, a shot won’t come about as well as the case proceeds to some sentencing hearing, which determines the punishment to the crime.
Subpoena:
A subpoena compels each side a person at a trial to be able to testify and/or produce documents. This can be a court order, and when it’s disobeyed, the disobedient person could be in contempt of court.
Voir Dire:
This can be a legal argument concerning the admissibility of your certain piece of evidence in the courtroom. If this argument should happen, the witness as well as the jury are delivered of court until it finishes.
If you have any queries regarding a criminal charge in Brisbane, please don’t hesitate to contact us. Right here at Guest Lawyers, we concentrate on criminal law and will be more than happy to help you with any queries or concerns. Our aim is to provide honest, respectful and straightforward to know legal services to be able to reduce the stress related to your litigation.
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