The Australian judicial system is rife with extremely specialised terminology that a majority of people could have trouble understanding. When you, or someone near to you has become up against a criminal charge, it’s crucial that you comprehend the legal terminology that is certainly planning to surface in legal documents and throughout a trial. Here we’ve provided a directory of many of the more confusing terms and definitions often used in the Australian criminal justice system.

Acquittal:
This term is utilized once the magistrate, jury or appeal court see that one is not liable in the charges against him/her.
Affidavit:
An itemized declaration made under oath before a notary public or another authorised officer. The person who has written the declaration claims that the contents are, to the better of their knowledge, true.
Appeal:
To generate an appeal is always to have a case to a higher court in order to challenge a choice made by a lower court or tribunal. For example, an appeal from your decision in the Federal Circuit Court of Australia could be designed to the Federal Court. The one that appeals is called the ‘appellant’. However, it can be important to note that not all decisions might be appealed.
Committal Hearing:
It is a hearing of all of the evidence that props up the charge inside the lower court with a magistrate who decides if you find sufficient evidence to the case to go to trial. In most committal hearings, there can be witnesses who will be required to provide evidence.
Complainant:
This is the expression used in court to refer to the victim in the crime committed.
Defendant:
This is the expression used in court to refer to the one who will be involved in an offence. This term is interchangeable with ‘the accused’.
Deposition:
It is a typed copy in the evidence recorded in court.
Exhibits:
All evidence (besides evidence furnished by the witnesses) required to present true to the court, like photographs, clothing, documents or some other goods that could be highly relevant to true.

Indictable Offence:
A serious Brisbane criminal lawyer that is certainly commonly heard within a higher court before a judge and a jury. Less serious indictable offences, referred to as summary offences, are often heard within a Local Court.
Indictment:
It is a formal written accusation charging a person with an offence that is certainly intended to be tried within a higher court.
Jurisdiction:
This is the extent of legal authority/power in the Court to make use of legislation. For example, in Australia the Federal Court has jurisdiction under more than 150 Acts in the Commonwealth Parliament.
Mediation:
It is a process whereby an impartial 3rd party, referred to as mediator, assists in causing an agreement or agreed settlement without requiring the decision of a Court.
Plaintiff:
This is the expression used to refer to the person or party who initiates a civil action. In other words, this is actually the person or party who brings an incident against the defendant, and seeks punishment to the person or individuals who committed the crime.
Plea:
This is how the accused person (the defendant) tells a legal court whether they are guilty or otherwise not responsible for the charge against them. When the accused pleads guilty, an endeavor won’t happen and the case proceeds to a sentencing hearing, which determines the punishment to the crime.
Subpoena:
A subpoena compels each side a person at the trial in order to testify and/or produce documents. It is a court order, and if it can be disobeyed, the disobedient person might be in contempt of court.
Voir Dire:
It is a legal argument concerning the admissibility of a certain little bit of evidence in court. In the event that this argument should happen, the witness and the jury are sent of court until it finishes.

For those who have questions regarding a criminal charge in Brisbane, please don’t hesitate to get hold of us. At Guest Lawyers, we concentrate on criminal law and could be more than happy that will help you with questions or concerns. Goal to provide honest, respectful and straightforward to understand legal services in order to lessen the stress connected with your litigation.
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