Comprehension Brisbane Criminal Law Terminology
The Australian courts is rife with extremely specialised terminology that a majority of people could possibly have trouble understanding. So when you, or someone close to you has been confronted with a criminal charge, it’s crucial that you comprehend the legal terminology that is likely to come up in legal documents and throughout a trial. Here we’ve provided a directory of many of the more confusing terms and definitions often found in the Australian criminal justice system.
Acquittal:
This term is employed when the magistrate, jury or appeal court see that one is innocent in the charges against him/her.
Affidavit:
A written declaration made under oath before a notary public or any other authorised officer. The one who has written the declaration claims that the contents are, for the best of their knowledge, true.
Appeal:
To make an appeal is to take a case to some higher court in order to challenge a conclusion created by a reduced court or tribunal. For instance, an appeal from a decision in the Federal Circuit Court of Australia could be designed to the government Court. The individual that appeals is termed the ‘appellant’. However, it really is worth noting that not all decisions might be appealed.
Committal Hearing:
It is a hearing of all of the evidence that supports the charge in the lower court by the magistrate who decides if you have sufficient evidence for the case to venture to trial. In most committal hearings, there could be witnesses that are needed to provide evidence.
Complainant:
Here is the expression used in the courtroom to refer to the victim in the crime committed.
Defendant:
Here is the expression used in the courtroom to refer to the person who has involved in a criminal offence. This term is interchangeable with ‘the accused’.
Deposition:
It is a typed copy in the evidence recorded in the courtroom.
Exhibits:
All evidence (in addition to evidence supplied by the witnesses) needed to present true for the court, for example photographs, clothing, documents or another items which could be strongly related true.
Indictable Offence:
A serious Criminal lawyers Brisbane that is commonly heard in the higher court before a judge along with a jury. Less serious indictable offences, called summary offences, are usually heard in the Local Court.
Indictment:
It is a formal written accusation charging having it . an offence that is intended to be tried in the higher court.
Jurisdiction:
Here is the extent of legal authority/power in the Court to make use of the law. For instance, australia wide the government Court has jurisdiction under over 150 Acts in the Commonwealth Parliament.
Mediation:
It is a process whereby a neutral alternative party, referred to as the mediator, aids in contributing to an agreement or agreed settlement without requiring your choice of an Court.
Plaintiff:
Here is the expression used to refer to anyone or party who initiates a civil action. To put it differently, here is the person or party who brings an incident contrary to the defendant, and seeks punishment for the person or people who committed the crime.
Plea:
This is when the accused person (the defendant) tells a legal court if they are guilty or otherwise responsible for the charge against them. If the accused pleads guilty, a trial will not likely come about along with the case proceeds to some sentencing hearing, which determines the punishment for the crime.
Subpoena:
A subpoena compels the look off a person at a trial in order to testify and/or produce documents. It is a order from the court, if it really is disobeyed, the disobedient person may be in contempt of court.
Voir Dire:
It is a legal argument about the admissibility of an certain part of evidence in the courtroom. In the case that this argument should occur, the witness along with the jury are mailed of court until it finishes.
When you have any questions regarding a criminal charge in Brisbane, please don’t hesitate to get hold of us. Here at Guest Lawyers, we concentrate on criminal law and will be more than happy that will help you with any questions or concerns. Our aim is to deliver honest, respectful and straightforward to comprehend legal counsel in order to reduce the stress related to your litigation.
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