The Australian judicial system is rife with extremely specialised terminology that many people might have trouble understanding. While you, or someone near to you continues to be faced with a criminal charge, it’s imperative that you understand the legal terminology that’s likely to come up in legal documents and in a trial. Here we’ve provided a summary of a few of the more confusing terms and definitions often used in the Australian criminal justice system.
Acquittal:
This term is utilized when the magistrate, jury or appeal court see that a person is simple of the charges against him/her.
Affidavit:
A written declaration made under oath before a notary public or other authorised officer. The one who has written the declaration claims that the contents are, towards the best of their knowledge, true.
Appeal:
To create an appeal would be to take a case to some higher court so that you can challenge a choice created 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 one that appeals is known as the ‘appellant’. However, it is worth noting that all decisions may be appealed.
Committal Hearing:
It is a hearing of all the so-called evidence that sports ths charge from the lower court by a magistrate who decides when there is sufficient evidence for the case to venture to trial. In some committal hearings, there can be witnesses that are forced to provide evidence.
Complainant:
This can be the saying used in the courtroom to consult the victim of the crime committed.
Defendant:
This can be the saying used in the courtroom to consult the person who has involved in a criminal offence. This term is interchangeable with ‘the accused’.
Deposition:
It is a typed copy of the evidence recorded in the courtroom.
Exhibits:
All evidence (aside from evidence furnished by the witnesses) forced to present true towards the court, like photographs, clothing, documents or some other things that might be relevant to true.
Indictable Offence:
A serious Criminal lawyers Brisbane that’s commonly heard inside a higher court before a judge plus a jury. Less serious indictable offences, referred to as summary offences, are generally heard inside a Local Court.
Indictment:
It is a formal written accusation charging you aren’t an offence that’s should have been tried inside a higher court.
Jurisdiction:
This can be the extent of legal authority/power of the Court to use the law. As an example, nationwide the Federal Court has jurisdiction under a lot more than 150 Acts of the Commonwealth Parliament.
Mediation:
It is a process whereby an impartial 3rd party, referred to as mediator, assists with leading to an agreement or agreed settlement without requiring your decision of the Court.
Plaintiff:
This can be the saying used to consult the person or party who initiates a civil action. In other words, this is the person or party who brings an instance contrary to the defendant, and seeks punishment for the person or those who committed the crime.
Plea:
This is how the accused person (the defendant) tells the court whether are guilty you aren’t responsible for the charge against them. When the accused pleads guilty, a shot will not take place as well as the case proceeds to some sentencing hearing, which determines the punishment for the crime.
Subpoena:
A subpoena compels the look off a person at the trial so that you can testify and/or produce documents. It is a court order, and if it is disobeyed, the disobedient person may be in contempt of court.
Voir Dire:
It is a legal argument in regards to the admissibility of the certain little bit of evidence in the courtroom. In the event that this argument should take place, the witness as well as the jury are delivered of court until it finishes.
For those who 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 delighted that may help you with questions or concerns. Our aim is to deliver honest, respectful as well as simple to be aware of legal counsel so that you can slow up the stress related to your litigation.
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