Understanding Brisbane Criminal Law Phrases
The Australian legal system is rife with extremely specialised terminology that a lot of people may have trouble understanding. When you, or someone in the area continues to be facing a criminal charge, it’s imperative that you understand the legal terminology that’s planning to appear in legal documents and throughout a trial. Here we’ve provided a directory of some of the more confusing terms and definitions often used in the Australian criminal justice system.
Acquittal:
This term is employed if the magistrate, jury or appeal court see that you were not guilty from the charges against him/her.
Affidavit:
A written declaration made under oath before a notary public or another 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 to require a case to some higher court so that you can challenge a conclusion produced by a reduced court or tribunal. As an example, an appeal from the decision from the Federal Circuit Court of Australia could possibly be built to the government Court. The individual that appeals is called the ‘appellant’. However, it really is worth noting that not all decisions may be appealed.
Committal Hearing:
This can be a hearing of all of the evidence that props up charge inside the lower court by a magistrate who decides if there is sufficient evidence for that case to venture to trial. In certain committal hearings, there can be witnesses who are necessary to provide evidence.
Complainant:
Here is the expression used in the court to consult the victim from the crime committed.
Defendant:
Here is the expression used in the court to consult the one who is being charged with an offence. This term is interchangeable with ‘the accused’.
Deposition:
This can be a typed copy from the evidence recorded in the court.
Exhibits:
All evidence (aside from evidence furnished by the witnesses) necessary to present the truth towards the court, like photographs, clothing, documents or other things that could possibly be highly relevant to the truth.
Indictable Offence:
A significant Brisbane lawyer that’s commonly heard in the higher court before the court along with a jury. Less serious indictable offences, termed as summary offences, are usually heard in the Local Court.
Indictment:
This can be a formal written accusation charging a person with an offence that’s intended to be tried in the higher court.
Jurisdiction:
Here is the extent of legal authority/power from the Court to use regulations. As an example, around australia the government Court has jurisdiction under more than 150 Acts from the Commonwealth Parliament.
Mediation:
This can be a process whereby a neutral third party, referred to as the mediator, aids in bringing about a compromise or agreed settlement without requiring the decision of a Court.
Plaintiff:
Here is the expression used to consult the person or party who initiates a civil action. In other words, here is the person or party who brings in a situation up against the defendant, and seeks punishment for that person or those who committed the crime.
Plea:
This is where the accused person (the defendant) tells legal court whether or not they are guilty or not accountable for the charge against them. If your accused pleads guilty, a shot is not going to occur and the case proceeds to some sentencing hearing, which determines the punishment for that crime.
Subpoena:
A subpoena compels the look of a person with a trial so that you can testify and/or produce documents. This can be a court order, and if it really is disobeyed, the disobedient person could possibly be in contempt of court.
Voir Dire:
This can be a legal argument regarding the admissibility of a certain bit of evidence in the court. In the event that this argument should take place, the witness and the jury are sent of court until it finishes.
In case you have inquiries regarding a criminal charge in Brisbane, please don’t hesitate to make contact with us. Here at Guest Lawyers, we specialise in criminal law and would be more than pleased that may help you with inquiries or concerns. The purpose to deliver honest, respectful and straightforward to comprehend legal counsel so that you can decrease the stress connected with your litigation.
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