The Australian judicial system is rife with extremely specialised terminology that many people may have trouble understanding. While you, or someone in the area may be confronted with a criminal charge, it’s imperative that you view the legal terminology which is more likely to show up in legal documents and within a trial. Here we’ve provided a list of a few of the more confusing terms and definitions often used in the Australian criminal justice system.
Acquittal:
This term is utilized in the event the magistrate, jury or appeal court realize that one is not guilty of the charges against him/her.
Affidavit:
A written declaration made under oath before a notary public or any other authorised officer. The person who has written the declaration states that the contents are, towards the better of their knowledge, true.
Appeal:
To generate an appeal is always to have a case to some higher court to be able to challenge a conclusion manufactured by a lower court or tribunal. As an example, an appeal from your decision of the Federal Circuit Court of Australia might be built to the Federal Court. The person who appeals is called the ‘appellant’. However, it is important to note that doesn’t all decisions may be appealed.
Committal Hearing:
This can be a hearing of all the evidence that props up the charge inside the lower court by the magistrate who decides if you have sufficient evidence for your case to attend trial. In certain committal hearings, there can be witnesses that are needed to provide evidence.
Complainant:
This is the term used in the court to consult the victim of the crime committed.
Defendant:
This is the term used in the court to consult the person who has been involved in a criminal offence. This term is interchangeable with ‘the accused’.
Deposition:
This can be a typed copy of the evidence recorded in the court.
Exhibits:
All evidence (apart from evidence supplied by the witnesses) needed to present true towards the court, for example photographs, clothing, documents or some other items which might be relevant to true.
Indictable Offence:
A serious Brisbane lawyers which is commonly heard in a higher court before a judge plus a jury. Less serious indictable offences, termed as summary offences, usually are heard in a Local Court.
Indictment:
This can be a formal written accusation charging you are not an offence which is should have been tried in a higher court.
Jurisdiction:
This is the extent of legal authority/power of the Court to make use of what the law states. As an example, nationwide the Federal Court has jurisdiction under over 150 Acts of the Commonwealth Parliament.
Mediation:
This can be a process whereby an impartial alternative party, referred to as mediator, assists in bringing about a compromise or agreed settlement without requiring the choice of an Court.
Plaintiff:
This is the term used to consult the individual or party who initiates a civil action. Quite simply, this can be the person or party who brings in a situation up against the defendant, and seeks punishment for your person or individuals who committed the crime.
Plea:
This is how the accused person (the defendant) tells the court if they are guilty or otherwise not responsible for the charge against them. In the event the accused pleads guilty, an effort will not likely happen as well as the case proceeds to some sentencing hearing, which determines the punishment for your crime.
Subpoena:
A subpoena compels the appearance of a person in a trial to be able to testify and/or produce documents. This can be a court order, if it is disobeyed, the disobedient person could be in contempt of court.
Voir Dire:
This can be a legal argument about the admissibility of an certain part of evidence in the court. In the case that this argument should occur, the witness as well as the jury are mailed of court until it finishes.
When you have questions regarding a criminal charge in Brisbane, please don’t hesitate to make contact with us. Right here at Guest Lawyers, we concentrate on criminal law and will be more than happy that will help you with questions or concerns. Our aim is to provide honest, respectful and straightforward to understand legal counsel to be able to slow up the stress related to your litigation.
For more info about Brisbane lawyers check out this popular site: here