Knowing Brisbane Criminal Law Terminology
The Australian legislation is rife with extremely specialised terminology that a majority of people might have trouble understanding. Then when you, or someone in the 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 after a trial. Here we’ve provided a directory of many of the more confusing terms and definitions often used in the Australian criminal justice system.
Acquittal:
This term is used if the magistrate, jury or appeal court see that you were innocent with the charges against him/her.
Affidavit:
An itemized declaration made under oath before a notary public and other authorised officer. The individual who has written the declaration states that the contents are, for the better of their knowledge, true.
Appeal:
To produce an appeal would be to take a case to some higher court to be able to challenge a decision made by a reduced court or tribunal. For instance, an appeal from a decision with the Federal Circuit Court of Australia might be built to the government Court. The individual that appeals is recognized as the ‘appellant’. However, it can be worth noting that not all decisions can be appealed.
Committal Hearing:
This can be a hearing of all the so-called evidence that props up charge within the lower court by the magistrate who decides if there is sufficient evidence for that case to visit trial. In some committal hearings, there might be witnesses that are necessary to provide evidence.
Complainant:
This is the expression used in the court to consult the victim with the crime committed.
Defendant:
This is the expression used in the court to consult 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 in the court.
Exhibits:
All evidence (in addition to evidence furnished by the witnesses) necessary to present the truth for the court, including photographs, clothing, documents or some other items which might be highly relevant to the truth.
Indictable Offence:
A significant Criminal lawyers Brisbane that’s commonly heard within a higher court before the court and a jury. Less serious indictable offences, known as summary offences, are usually heard within a Local Court.
Indictment:
This can be a formal written accusation charging having it . an offence that’s intended as tried within a higher court.
Jurisdiction:
This is the extent of legal authority/power with the Court to apply what the law states. For instance, in Australia the government Court has jurisdiction under more than 150 Acts with the Commonwealth Parliament.
Mediation:
This can be a process whereby a neutral vacation, known as the mediator, assists with contributing to a compromise or agreed settlement without requiring the decision of a Court.
Plaintiff:
This is the expression used to consult anybody or party who initiates a civil action. Put simply, here is the person or party who brings a case against the defendant, and seeks punishment for that person or people who committed the crime.
Plea:
This is where the accused person (the defendant) tells a legal court if they are guilty or otherwise responsible for the charge against them. If your accused pleads guilty, a trial won’t take place as well as the case proceeds to some sentencing hearing, which determines the punishment for that crime.
Subpoena:
A subpoena compels each side a person with a trial to be able to testify and/or produce documents. This can be a order from the court, and when it can be disobeyed, the disobedient person might be in contempt of court.
Voir Dire:
This can be a legal argument about the admissibility of a certain part of evidence in the court. In the event that this argument should happen, the witness as well as the jury are sent out of court until it finishes.
If you have any queries regarding a criminal charge in Brisbane, please don’t hesitate to call us. Here at Guest Lawyers, we specialise in criminal law and would be more than happy to help you with any queries or concerns. Goal to provide honest, respectful and straightforward to understand legal advice to be able to decrease the stress connected with your litigation.
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