The Australian legislation is rife with extremely specialised terminology that many people may have trouble understanding. When you, or someone in your area continues to be faced with a criminal charge, it’s imperative that you view the legal terminology that’s prone to show up in legal documents and in a trial. Here we’ve provided a summary of many of the more confusing terms and definitions often used in the Australian criminal justice system.
Acquittal:
This term is employed when the magistrate, jury or appeal court see that an individual is not liable in the charges against him/her.
Affidavit:
An itemized declaration made under oath before a notary public or any other authorised officer. The individual who has written the declaration claims that the contents are, to the best their knowledge, true.
Appeal:
To generate an appeal is usually to require a case to a higher court in order to challenge a determination made by a lesser court or tribunal. By way of example, an appeal coming from a decision in the Federal Circuit Court of Australia could possibly be created to the government Court. The one that appeals is termed the ‘appellant’. However, it’s important to note that all decisions can be appealed.
Committal Hearing:
This is the hearing of all the evidence that props up the charge within the lower court by a magistrate who decides if you find sufficient evidence to the case to venture to trial. In certain committal hearings, there may be witnesses who are necessary to provide evidence.
Complainant:
Here is the term used in court to consult the victim in the crime committed.
Defendant:
Here is the term used in court to consult the one that will be faced with an offence. This term is interchangeable with ‘the accused’.
Deposition:
This is the typed copy in the evidence recorded in court.
Exhibits:
All evidence (in addition to evidence given by the witnesses) necessary to present true to the court, including photographs, clothing, documents or some other items that could possibly be tightly related to true.
Indictable Offence:
A serious Criminal lawyer Brisbane that’s commonly heard in the higher court before the court plus a jury. Less serious indictable offences, called summary offences, are often heard in the Local Court.
Indictment:
This is the formal written accusation charging you are not an offence that’s intended to be tried in the higher court.
Jurisdiction:
Here is the extent of legal authority/power in the Court to use what the law states. By way of example, around australia the government Court has jurisdiction under more than 150 Acts in the Commonwealth Parliament.
Mediation:
This is the process whereby a neutral alternative party, known as the mediator, aids in contributing to a compromise or agreed settlement without requiring your decision of your Court.
Plaintiff:
Here is the term used to consult anybody or party who initiates a civil action. In other words, here is the person or party who brings an instance against the defendant, and seeks punishment to the person or individuals who committed the crime.
Plea:
This is when the accused person (the defendant) tells a legal court whether or not they are guilty or otherwise doing the charge against them. If your accused pleads guilty, a shot will not take place and also the case proceeds to a sentencing hearing, which determines the punishment to the crime.
Subpoena:
A subpoena compels the look off somebody at a trial in order to testify and/or produce documents. This is the court ruling, and when it’s disobeyed, the disobedient person may be in contempt of court.
Voir Dire:
This is the legal argument about the admissibility of your certain piece of evidence in court. In the event that this argument should happen, the witness and also the jury are mailed of court until it finishes.
If you have questions regarding a criminal charge in Brisbane, please don’t hesitate to call us. Here at Guest Lawyers, we specialize in criminal law and could be more than pleased that may help you with questions or concerns. Our aim is to offer honest, respectful and simple to know legal advice in order to reduce the stress related to your litigation.
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