The Australian courts is rife with extremely specialised terminology that a majority of people could have trouble understanding. So when you, or someone close to you has been facing a criminal charge, it’s vital that you comprehend the legal terminology that is certainly more likely to show up in legal documents and in a trial. Here we’ve provided a listing of many of the more confusing terms and definitions often found in the Australian criminal justice system.
Acquittal:
This term is used in the event the magistrate, jury or appeal court see that a person is not guilty with the charges against him/her.
Affidavit:
An itemized declaration made under oath before a notary public or any other authorised officer. The person who has written the declaration claims that the contents are, for the best their knowledge, true.
Appeal:
To create an appeal is usually to have a case to some higher court so that you can challenge a conclusion manufactured by a reduced court or tribunal. As an example, an appeal from your decision with the Federal Circuit Court of Australia could possibly be created to the federal government Court. The one who appeals is called the ‘appellant’. However, it’s important to note that doesn’t all decisions can be appealed.
Committal Hearing:
This can be a hearing of all the so-called evidence that props up charge from the lower court with a magistrate who decides if you find sufficient evidence for that case to attend trial. In some committal hearings, there can be witnesses who will be forced to provide evidence.
Complainant:
This is the term used problem to refer to the victim with the crime committed.
Defendant:
This is the term used problem to refer to the person who is being charged with a criminal offence. This term is interchangeable with ‘the accused’.
Deposition:
This can be a typed copy with the evidence recorded problem.
Exhibits:
All evidence (besides evidence furnished by the witnesses) forced to present the case for the court, like photographs, clothing, documents or other items that could possibly be tightly related to the case.
Indictable Offence:
A significant Criminal law firms Brisbane that is certainly commonly heard inside a higher court before the court plus a jury. Less serious indictable offences, termed as summary offences, are often heard inside a Local Court.
Indictment:
This can be a formal written accusation charging having it . an offence that is certainly should have been tried inside a higher court.
Jurisdiction:
This is the extent of legal authority/power with the Court to make use of the law. As an example, around australia the federal government Court has jurisdiction under more than 150 Acts with the Commonwealth Parliament.
Mediation:
This can be a process whereby an impartial alternative party, referred to as the mediator, aids in contributing to an agreement or agreed settlement without requiring your choice of an Court.
Plaintiff:
This is the term used to refer to the individual or party who initiates a civil action. In other words, this is the person or party who brings an instance from the defendant, and seeks punishment for that person or individuals who committed the crime.
Plea:
This is the time the accused person (the defendant) tells the judge if they are guilty or otherwise guilty of the charge against them. If the accused pleads guilty, a shot will not come about and also the case proceeds to some 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 can be a court ruling, and if it’s disobeyed, the disobedient person might be in contempt of court.
Voir Dire:
This can be a legal argument about the admissibility of an certain piece of evidence problem. In the event that this argument should occur, the witness and also the jury are delivered of court until it finishes.
If you have any questions regarding a criminal charge in Brisbane, please don’t hesitate to contact us. Right here at Guest Lawyers, we concentrate on criminal law and can be delighted that will help you with any questions or concerns. Our aim is to deliver honest, respectful and simple to understand legal counsel so that you can slow up the stress linked to your litigation.
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