Comprehending Brisbane Criminal Law Terms
The Australian judicial system is rife with extremely specialised terminology that most people might have trouble understanding. So when you, or someone close to you has been confronted with a criminal charge, it’s important to understand the legal terminology which is prone to appear in legal documents and after a trial. Here we’ve provided a directory of a number 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 find that an individual is not liable of the charges against him/her.
Affidavit:
An itemized declaration made under oath before a notary public and other authorised officer. The individual that has written the declaration claims that the contents are, towards the best their knowledge, true.
Appeal:
To generate an appeal is to require a case to some higher court as a way to challenge a decision made by a lower court or tribunal. For instance, an appeal coming from a decision of the Federal Circuit Court of Australia could possibly be created to the Federal Court. The one who appeals is known as the ‘appellant’. However, it’s worth noting that all decisions could be appealed.
Committal Hearing:
This is a hearing of all the so-called evidence that props up charge inside the lower court with a magistrate who decides if you have sufficient evidence for the case to go to trial. In some committal hearings, there can be witnesses who’re necessary to provide evidence.
Complainant:
This is the term used in court to refer to the victim of the crime committed.
Defendant:
This is the term used in court to refer to the one who will be faced with an offence. This term is interchangeable with ‘the accused’.
Deposition:
This is a typed copy of the evidence recorded in court.
Exhibits:
All evidence (besides evidence supplied by the witnesses) necessary to present the case towards the court, for example photographs, clothing, documents or other goods that could possibly be relevant to the case.
Indictable Offence:
A significant Criminal lawyers Brisbane which is commonly heard in a higher court before the court as well as a jury. Less serious indictable offences, called summary offences, are often heard in a Local Court.
Indictment:
This is a formal written accusation charging a person with an offence which is supposed to have been tried in a higher court.
Jurisdiction:
This is the extent of legal authority/power of the Court to utilize what the law states. For instance, nationwide the Federal Court has jurisdiction under a lot more than 150 Acts of the Commonwealth Parliament.
Mediation:
This is a process whereby an impartial third party, referred to as mediator, assists with contributing to an agreement or agreed settlement without requiring your choice of an Court.
Plaintiff:
This is the term used to refer to the person or party who initiates a civil action. Put simply, this can be the person or party who brings in a situation against the defendant, and seeks punishment for the person or those who committed the crime.
Plea:
This is the time the accused person (the defendant) tells the judge whether are guilty or not accountable for the charge against them. When the accused pleads guilty, a shot will not take place as well as the case proceeds to some sentencing hearing, which determines the punishment for the crime.
Subpoena:
A subpoena compels the look off an individual with a trial as a way to testify and/or produce documents. This is a court ruling, and if it’s disobeyed, the disobedient person may be in contempt of court.
Voir Dire:
This is a legal argument regarding the admissibility of an certain bit of evidence in court. If this argument should occur, the witness as well as the jury are delivered of court until it finishes.
For those who have questions regarding a criminal charge in Brisbane, please don’t hesitate to make contact with us. Right here at Guest Lawyers, we specialize in criminal law and could be more than pleased that may help you with questions or concerns. Goal to provide honest, respectful as well as simple to be aware of legal services as a way to slow up the stress related to your litigation.
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