The Australian judicial system is rife with extremely specialised terminology that most people may have trouble understanding. So when you, or someone in the area continues to be confronted with a criminal charge, it’s important to understand the legal terminology that’s likely to appear in legal documents and after a trial. Here we’ve provided a summary of a few of the more confusing terms and definitions often found in the Australian criminal justice system.
Acquittal:
This term is used if the magistrate, jury or appeal court realize that an individual is not liable from the charges against him/her.
Affidavit:
An itemized declaration made under oath before a notary public or another authorised officer. The individual who has written the declaration states that the contents are, for the best their knowledge, true.
Appeal:
To make an appeal is always to take a case into a higher court so that you can challenge a decision created by a lower court or tribunal. As an example, an appeal from a decision from the Federal Circuit Court of Australia might be made to the Federal Court. The individual that appeals is known as the ‘appellant’. However, it really is important to note that not all decisions may be appealed.
Committal Hearing:
This is the hearing of all the so-called evidence that supports the charge in the lower court by the magistrate who decides if you find sufficient evidence for that case to visit trial. In a few committal hearings, there might be witnesses that are necessary to provide evidence.
Complainant:
This is actually the saying used in court to consult the victim from the crime committed.
Defendant:
This is actually the saying used in court to consult the one that has arrested for a criminal offence. This term is interchangeable with ‘the accused’.
Deposition:
This is the typed copy from the evidence recorded in court.
Exhibits:
All evidence (apart from evidence given by the witnesses) necessary to present the truth for the court, such as photographs, clothing, documents or any other items that might be strongly related the truth.
Indictable Offence:
A significant Criminal lawyer Brisbane that’s commonly heard in a higher court before the court along with a jury. Less serious indictable offences, called summary offences, usually are heard in a Local Court.
Indictment:
This is the formal written accusation charging a person with an offence that’s intended to be tried in a higher court.
Jurisdiction:
This is actually the extent of legal authority/power from the Court to utilize what the law states. As an example, in Australia the Federal Court has jurisdiction under more than 150 Acts from the Commonwealth Parliament.
Mediation:
This is the process whereby a neutral vacation, called the mediator, assists in contributing to a compromise or agreed settlement without requiring the choice of a Court.
Plaintiff:
This is actually the saying used to consult anybody or party who initiates a civil action. Put simply, this can be the person or party who brings a case against the defendant, and seeks punishment for that person or individuals who committed the crime.
Plea:
This is when the accused person (the defendant) tells the court whether they are guilty or not accountable for the charge against them. When the accused pleads guilty, a trial will not likely happen and the case proceeds into a sentencing hearing, which determines the punishment for that crime.
Subpoena:
A subpoena compels the look off a person at the trial so that you can testify and/or produce documents. This is the court ruling, if it really is disobeyed, the disobedient person may be in contempt of court.
Voir Dire:
This is the legal argument about the admissibility of a certain little bit of evidence in court. If this argument should occur, the witness and the jury are sent of court until it finishes.
In case you have inquiries regarding a criminal charge in Brisbane, please don’t hesitate to call us. At Guest Lawyers, we specialise in criminal law and would be more than pleased to assist you with inquiries or concerns. Goal to deliver honest, respectful as well as simple to understand legal advice so that you can decrease the stress associated with your litigation.
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