Understanding Brisbane Criminal Law Terms

The Australian legal system is rife with extremely specialised terminology that most people may have trouble understanding. Then when you, or someone close to you has been up against a criminal charge, it’s important to view the legal terminology that is planning to surface in legal documents and throughout a trial. Here we’ve provided a list of many of the more confusing terms and definitions often found in the Australian criminal justice system.

Acquittal:
This term is utilized once the magistrate, jury or appeal court see that a person is not liable from the charges against him/her.
Affidavit:
A written declaration made under oath before a notary public or another authorised officer. The individual that has written the declaration claims that the contents are, towards the best their knowledge, true.
Appeal:
To produce an appeal is to take a case into a higher court to be able to challenge a conclusion produced by a lesser court or tribunal. As an example, an appeal coming from a decision from the Federal Circuit Court of Australia might be built to the Federal Court. The one who appeals is recognized as the ‘appellant’. However, it’s important to note that all decisions may be appealed.
Committal Hearing:
This is the hearing of all of the evidence that props up the charge from the lower court with a magistrate who decides when there is sufficient evidence to the case to attend trial. In most committal hearings, there can be witnesses who will be required to provide evidence.
Complainant:
This is actually the term used in the court to consult the victim from the crime committed.
Defendant:
This is actually the term used in the court to consult the individual that has involved in an offence. This term is interchangeable with ‘the accused’.
Deposition:
This is the typed copy from the evidence recorded in the court.
Exhibits:
All evidence (aside from evidence given by the witnesses) required to present the case towards the court, like photographs, clothing, documents or some other items that might be highly relevant to the case.

Indictable Offence:
A life threatening Lawyer Brisbane that is commonly heard within a higher court before the court and a jury. Less serious indictable offences, referred to as summary offences, are generally heard within a Local Court.
Indictment:
This is the formal written accusation charging a person with an offence that is supposed to have been tried within a higher court.
Jurisdiction:
This is actually the extent of legal authority/power from the Court to use regulations. As an example, australia wide the Federal Court has jurisdiction under greater than 150 Acts from the Commonwealth Parliament.
Mediation:
This is the process whereby an impartial 3rd party, called the mediator, assists with contributing to an agreement or agreed settlement without requiring the choice of your Court.
Plaintiff:
This is actually the term used to consult the individual or party who initiates a civil action. Put simply, here is the person or party who brings in a situation against the defendant, and seeks punishment to the person or those who committed the crime.
Plea:
This is where the accused person (the defendant) tells a legal court whether they are guilty you aren’t responsible for the charge against them. If your accused pleads guilty, a trial won’t take place along with the case proceeds into a sentencing hearing, which determines the punishment to the crime.
Subpoena:
A subpoena compels each side a person at a trial to be able to testify and/or produce documents. This is the order from the court, and if it’s disobeyed, the disobedient person might be in contempt of court.
Voir Dire:
This is the legal argument in regards to the admissibility of your certain piece of evidence in the court. In the case that this argument should occur, the witness along with the jury are mailed 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 can be more than happy that may help you with any queries or concerns. Our aim is to provide honest, respectful as well as simple to be aware of legal counsel to be able to reduce the stress linked to your litigation.
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