Knowing Brisbane Criminal Law Terms

The Australian legislation is rife with extremely specialised terminology that most people could have trouble understanding. While you, or someone close to you has been faced with a criminal charge, it’s important to understand the legal terminology that is likely to show up in legal documents and throughout a trial. Here we’ve provided a summary of many of the more confusing terms and definitions often utilized in the Australian criminal justice system.

Acquittal:
This term is used when the magistrate, jury or appeal court realize that a person is simple of 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 claims that the contents are, towards the better of their knowledge, true.
Appeal:
To create an appeal is usually to please take a case to a higher court to be able to challenge a determination manufactured by a lower court or tribunal. As an example, an appeal from the decision of the Federal Circuit Court of Australia could be designed to the federal government Court. The person who appeals is known as the ‘appellant’. However, it really is important to note that not all decisions can be appealed.
Committal Hearing:
This can be a hearing of all the evidence that props up charge in the lower court by a magistrate who decides if you have sufficient evidence for the case to venture to trial. In some committal hearings, there may be witnesses who are needed to provide evidence.
Complainant:
This is actually the saying used in the courtroom to consult the victim of the crime committed.
Defendant:
This is actually the saying used in the courtroom to consult the one who has been faced with an offence. This term is interchangeable with ‘the accused’.
Deposition:
This can be a typed copy of the evidence recorded in the courtroom.
Exhibits:
All evidence (in addition to evidence provided by the witnesses) needed to present the case towards the court, for example photographs, clothing, documents or another items which could be relevant to the case.

Indictable Offence:
A significant Brisbane lawyer that is commonly heard within a higher court before the court along with a jury. Less serious indictable offences, known as summary offences, usually are heard within a Local Court.
Indictment:
This can be a formal written accusation charging a person with an offence that is intended to be tried within a higher court.
Jurisdiction:
This is actually the extent of legal authority/power of the Court to utilize regulations. As an example, australia wide the federal government Court has jurisdiction under more than 150 Acts of the Commonwealth Parliament.
Mediation:
This can be a process whereby a neutral alternative party, known as the mediator, assists with contributing to a compromise or agreed settlement without requiring your decision of a Court.
Plaintiff:
This is actually the saying used to consult anyone or party who initiates a civil action. To put it differently, this is the person or party who brings an incident against the defendant, and seeks punishment for the person or individuals who committed the crime.
Plea:
This is when the accused person (the defendant) tells the court whether are guilty or otherwise accountable for the charge against them. When the accused pleads guilty, a shot won’t take place and the case proceeds to a sentencing hearing, which determines the punishment for the crime.
Subpoena:
A subpoena compels the appearance of an individual at a trial to be able to testify and/or produce documents. This can be a court ruling, and when it really is disobeyed, the disobedient person might be in contempt of court.
Voir Dire:
This can be a legal argument in regards to the admissibility of a certain little bit of evidence in the courtroom. If this argument should happen, the witness and the jury are mailed of court until it finishes.

For those who 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 may help you with any questions or concerns. The purpose to supply honest, respectful and simple to understand legal advice to be able to slow up the stress associated with your litigation.
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