Understanding Brisbane Criminal Law Terminology

The Australian legal system is rife with extremely specialised terminology that a majority of people could have trouble understanding. When you, or someone near to you has become faced with a criminal charge, it’s vital that you see the legal terminology that is certainly more likely to come up in legal documents and within a trial. Here we’ve provided a directory of many of the more confusing terms and definitions often utilized in the Australian criminal justice system.

Acquittal:
This term can be used if the magistrate, jury or appeal court discover that a person is simple of the charges against him/her.
Affidavit:
A written 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, towards the best their knowledge, true.
Appeal:
To generate an appeal is to have a case with a higher court to be able to challenge a decision made by a reduced court or tribunal. As an example, an appeal from your decision of the Federal Circuit Court of Australia could possibly be designed to the federal government Court. The one that appeals is known as the ‘appellant’. However, it’s worth noting that does not all decisions can be appealed.
Committal Hearing:
This is the hearing of all the so-called evidence that props up charge within the lower court by way of a magistrate who decides when there is sufficient evidence to the case to attend trial. In a few committal hearings, there may be witnesses who are forced to provide evidence.
Complainant:
This is the saying used in the court to refer to the victim of the crime committed.
Defendant:
This is the saying used in the court to refer to the individual that has been arrested for an offence. This term is interchangeable with ‘the accused’.
Deposition:
This is the typed copy of the evidence recorded in the court.
Exhibits:
All evidence (besides evidence furnished by the witnesses) forced to present the truth towards the court, for example photographs, clothing, documents or some other goods that could possibly be tightly related to the truth.

Indictable Offence:
A significant Criminal lawyers Brisbane that is certainly commonly heard within a higher court before a judge and a jury. Less serious indictable offences, termed as summary offences, are generally heard within a Local Court.
Indictment:
This is the formal written accusation charging having it . an offence that is certainly intended as tried within a higher court.
Jurisdiction:
This is the extent of legal authority/power of the Court to utilize regulations. As an example, around australia the federal government Court has jurisdiction under greater than 150 Acts of the Commonwealth Parliament.
Mediation:
This is the process whereby a neutral 3rd party, referred to as mediator, aids in contributing to an agreement or agreed settlement without requiring your decision of the Court.
Plaintiff:
This is the saying used to refer to the individual or party who initiates a civil action. Quite simply, this is the person or party who brings in a situation from 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 they are guilty or otherwise not doing the charge against them. When the accused pleads guilty, an endeavor won’t happen and the case proceeds with a sentencing hearing, which determines the punishment to the crime.
Subpoena:
A subpoena compels the appearance of somebody at a trial to be able to testify and/or produce documents. This is the court order, and when it’s disobeyed, the disobedient person could possibly be in contempt of court.
Voir Dire:
This is the legal argument about the admissibility of the certain part of evidence in the court. In the case that this argument should take place, the witness and the jury are sent out of court until it finishes.

For those who have any questions regarding a criminal charge in Brisbane, please don’t hesitate to contact us. Here at Guest Lawyers, we specialize in criminal law and could be happy to assist you with any questions or concerns. The purpose to offer honest, respectful and easy to comprehend legal advice to be able to lessen the stress connected with your litigation.
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