Comprehending Brisbane Criminal Law Phrases
The Australian judicial system is rife with extremely specialised terminology that a lot of people might have trouble understanding. Then when you, or someone near to you continues to be facing a criminal charge, it’s vital that you see the legal terminology which is more likely to appear in legal documents and throughout a trial. Here we’ve provided a listing of a few of the more confusing terms and definitions often employed in the Australian criminal justice system.
Acquittal:
This term can be used when the magistrate, jury or appeal court see that you were not guilty of the charges against him/her.
Affidavit:
An itemized declaration made under oath before a notary public and other authorised officer. The one who has written the declaration states that the contents are, on the better of their knowledge, true.
Appeal:
To produce an appeal is to have a case to a higher court to be able to challenge a determination manufactured by a lesser court or tribunal. For example, an appeal from the decision of the Federal Circuit Court of Australia could possibly be made to the Federal Court. The one that appeals is recognized as the ‘appellant’. However, it really is worth noting that not all decisions could be appealed.
Committal Hearing:
It is a hearing of all of the evidence that props up charge inside the lower court by the magistrate who decides when there is sufficient evidence for your case to visit trial. In a few committal hearings, there can be witnesses that are needed to provide evidence.
Complainant:
This is actually the saying used problem to refer to the victim of the crime committed.
Defendant:
This is actually the saying used problem to refer to the one who is being faced with an offence. This term is interchangeable with ‘the accused’.
Deposition:
It is a typed copy of the evidence recorded problem.
Exhibits:
All evidence (in addition to evidence given by the witnesses) needed to present the situation on the court, including photographs, clothing, documents or any other items which could possibly be tightly related to the situation.
Indictable Offence:
A life threatening Brisbane criminal lawyer which is commonly heard within a higher court before the court plus a jury. Less serious indictable offences, termed as summary offences, are often heard within a Local Court.
Indictment:
It is a formal written accusation charging a person with an offence which is intended as tried within a higher court.
Jurisdiction:
This is actually the extent of legal authority/power of the Court to use regulations. For example, nationwide the Federal Court has jurisdiction under over 150 Acts of the Commonwealth Parliament.
Mediation:
It is a process whereby an impartial third party, referred to as mediator, assists with contributing to an agreement or agreed settlement without requiring the decision of the Court.
Plaintiff:
This is actually the saying used to refer to the individual or party who initiates a civil action. In other words, here is the person or party who brings an incident from the defendant, and seeks punishment for your person or individuals who committed the crime.
Plea:
This is how the accused person (the defendant) tells the judge if they are guilty or otherwise not accountable for the charge against them. When the accused pleads guilty, an endeavor will not likely take place and the case proceeds to a sentencing hearing, which determines the punishment for your crime.
Subpoena:
A subpoena compels each side a person with a trial to be able 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 the certain bit of evidence problem. If this argument should happen, the witness and the jury are delivered of court until it finishes.
For those who have any questions regarding a criminal charge in Brisbane, please don’t hesitate to call us. At Guest Lawyers, we focus on criminal law and will be more than pleased to help you with any questions or concerns. Our aim is to deliver honest, respectful and easy to know legal advice to be able to lessen the stress related to your litigation.
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