Understanding Brisbane Criminal Law Terms

The Australian courts is rife with extremely specialised terminology that a lot of people may have trouble understanding. When you, or someone in your area has become faced with a criminal charge, it’s vital that you view the legal terminology that’s prone to show up in legal documents and throughout a trial. Here we’ve provided a list of a few of the more confusing terms and definitions often used in the Australian criminal justice system.

Acquittal:
This term is used if the magistrate, jury or appeal court see that you were not guilty in the charges against him/her.
Affidavit:
An itemized declaration made under oath before a notary public and other authorised officer. The person who has written the declaration states that the contents are, for the best 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 produced by a reduced court or tribunal. By way of example, an appeal from a decision in the Federal Circuit Court of Australia could possibly be created to the Federal Court. The one that appeals is known as the ‘appellant’. However, it is worth noting that doesn’t all decisions could be appealed.
Committal Hearing:
It is a hearing of all of the evidence that supports the charge inside the lower court with a magistrate who decides if you have sufficient evidence for the case to venture to trial. In a few committal hearings, there might be witnesses who will be needed to provide evidence.
Complainant:
This can be the saying used in the court to consult the victim in the crime committed.
Defendant:
This can be the saying used in the court to consult the one who is being faced with an offence. This term is interchangeable with ‘the accused’.
Deposition:
It is a typed copy in the evidence recorded in the court.
Exhibits:
All evidence (apart from evidence furnished by the witnesses) needed to present the situation for the court, like photographs, clothing, documents or any other things that could possibly be relevant to the situation.

Indictable Offence:
A critical 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, usually are heard in the Local Court.
Indictment:
It is a formal written accusation charging you are not an offence that’s supposed to have been tried in the higher court.
Jurisdiction:
This can be the extent of legal authority/power in the Court to utilize the law. By way of example, around australia the Federal Court has jurisdiction under more than 150 Acts in the Commonwealth Parliament.
Mediation:
It is a process whereby a neutral vacation, referred to as mediator, assists in causing a compromise or agreed settlement without requiring the decision of an Court.
Plaintiff:
This can be the saying used to consult anybody or party who initiates a civil action. To put it differently, this can be the person or party who brings an incident contrary to the defendant, and seeks punishment for the person or people that committed the crime.
Plea:
This is the time the accused person (the defendant) tells the court whether or not they are guilty or otherwise not accountable for the charge against them. In the event the accused pleads guilty, an endeavor won’t come about as well as the case proceeds to a sentencing hearing, which determines the punishment for the crime.
Subpoena:
A subpoena compels the appearance of a person at the trial to be able to testify and/or produce documents. It is a court ruling, of course, if it is disobeyed, the disobedient person might be in contempt of court.
Voir Dire:
It is a legal argument regarding the admissibility of an certain piece of evidence in the court. In the case that this argument should take place, the witness as well as the jury are sent of court until it finishes.

If you have inquiries regarding a criminal charge in Brisbane, please don’t hesitate to get hold of us. Only at Guest Lawyers, we focus on criminal law and can be delighted to assist you with inquiries or concerns. Our aim is to supply honest, respectful and easy to comprehend legal services to be able to lessen the stress connected with your litigation.
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