The Australian legal system is rife with extremely specialised terminology that most people could have trouble understanding. So when you, or someone in the area may be facing a criminal charge, it’s vital that you understand the legal terminology that is more likely to come up in legal documents and within a trial. Here we’ve provided a listing of many of the more confusing terms and definitions often utilized in the Australian criminal justice system.

Acquittal:
This term is used if the magistrate, jury or appeal court see that an individual is not guilty in the charges against him/her.
Affidavit:
A written declaration made under oath before a notary public or another authorised officer. The individual who has written the declaration claims that the contents are, on the best of their knowledge, true.
Appeal:
To make an appeal is usually to please take a case with a higher court so that you can challenge a conclusion created by a lesser court or tribunal. As an example, an appeal from a decision in the Federal Circuit Court of Australia could be designed to the Federal Court. The individual that appeals is called the ‘appellant’. However, it is worth noting that not all decisions may be appealed.
Committal Hearing:
This is a hearing of all the evidence that props up charge in 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 could be witnesses who’re needed to provide evidence.
Complainant:
This can be the term used in court to consult the victim in the crime committed.
Defendant:
This can be the term used in court to consult the one who will be faced with an offence. This term is interchangeable with ‘the accused’.
Deposition:
This is a typed copy in the evidence recorded in court.
Exhibits:
All evidence (in addition to evidence supplied by the witnesses) needed to present true on the court, like photographs, clothing, documents or some other goods that could be strongly related true.

Indictable Offence:
A significant Criminal law firms Brisbane that is commonly heard within a higher court before a judge and a jury. Less serious indictable offences, known as summary offences, are generally heard within a Local Court.
Indictment:
This is a formal written accusation charging a person with an offence that is should have been tried within a higher court.
Jurisdiction:
This can be the extent of legal authority/power in the Court to make use of what the law states. As an example, nationwide the Federal Court has jurisdiction under more than 150 Acts in the Commonwealth Parliament.
Mediation:
This is a process whereby a neutral 3rd party, referred to as the mediator, assists in contributing to an agreement or agreed settlement without requiring the choice of a Court.
Plaintiff:
This can be the term used to consult anybody or party who initiates a civil action. In other words, here is the person or party who brings in a situation against the defendant, and seeks punishment for that person or people that committed the crime.
Plea:
This is how the accused person (the defendant) tells the court if they are guilty or not accountable for the charge against them. If the accused pleads guilty, a trial won’t happen along with the case proceeds with a sentencing hearing, which determines the punishment for that crime.
Subpoena:
A subpoena compels the appearance of an individual in a trial so that you can testify and/or produce documents. This is a order from the court, and if it is disobeyed, the disobedient person could be in contempt of court.
Voir Dire:
This is a legal argument in regards to the admissibility of a certain bit of evidence in court. If this argument should happen, the witness along with the jury are mailed of court until it finishes.

In case you have any questions regarding a criminal charge in Brisbane, please don’t hesitate to get hold of us. At Guest Lawyers, we specialise in criminal law and could be more than happy that will help you with any questions or concerns. Goal to provide honest, respectful and simple to be aware of legal counsel so that you can decrease the stress associated with your litigation.
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