Knowing Brisbane Criminal Law Terms

The Australian legislation is rife with extremely specialised terminology that most people could possibly have trouble understanding. So when you, or someone close to you has become faced with a criminal charge, it’s important to comprehend the legal terminology that’s planning to show up in legal documents and after a trial. Here we’ve provided a directory of a few of the more confusing terms and definitions often employed in the Australian criminal justice system.


Acquittal:
This term is used when the magistrate, jury or appeal court see that you were innocent with the charges against him/her.
Affidavit:
A written declaration made under oath before a notary public or any other authorised officer. The individual that has written the declaration claims that the contents are, on the best their knowledge, true.
Appeal:
To create an appeal would be to have a case to some higher court so that you can challenge a conclusion made by less court or tribunal. As an example, an appeal from your decision with the Federal Circuit Court of Australia could possibly be made to the federal government Court. The individual that appeals is termed the ‘appellant’. However, it really is important to note that not all decisions can be appealed.
Committal Hearing:
This is the hearing of all of the evidence that sports ths charge from 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 could be witnesses that are necessary to provide evidence.
Complainant:
This is the expression used in the court to refer to the victim with the crime committed.
Defendant:
This is the expression used in the court to refer to the individual that will be involved in a criminal offence. This term is interchangeable with ‘the accused’.
Deposition:
This is the typed copy with the evidence recorded in the court.
Exhibits:
All evidence (in addition to evidence supplied by the witnesses) necessary to present the case on the court, such as photographs, clothing, documents or other items that could possibly be tightly related to the case.

Indictable Offence:
A life threatening Brisbane lawyers that’s commonly heard within a higher court before the court as well as a jury. Less serious indictable offences, termed as summary offences, usually are heard within a Local Court.
Indictment:
This is the formal written accusation charging you aren’t an offence that’s supposed to have been tried within a higher court.
Jurisdiction:
This is the extent of legal authority/power with the Court to utilize regulations. As an example, nationwide the federal government Court has jurisdiction under a lot more than 150 Acts with the Commonwealth Parliament.
Mediation:
This is the process whereby an impartial alternative party, known as the mediator, assists with causing an agreement or agreed settlement without requiring your decision of the Court.
Plaintiff:
This is the expression used to refer to anyone or party who initiates a civil action. To put it differently, this can be the person or party who brings in a situation contrary to the defendant, and seeks punishment to the person or people who committed the crime.
Plea:
This is the time the accused person (the defendant) tells a legal court whether or not they are guilty or otherwise not accountable for the charge against them. In the event the accused pleads guilty, a shot is not going to come about along with the case proceeds to some sentencing hearing, which determines the punishment to the crime.
Subpoena:
A subpoena compels each side an individual in a trial so that you can testify and/or produce documents. This is the order from the court, if it really is disobeyed, the disobedient person might be in contempt of court.
Voir Dire:
This is the legal argument concerning the admissibility of the certain piece of evidence in the court. In the event that this argument should take place, the witness along with the jury are delivered 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 concentrate on criminal law and would be delighted that will help you with inquiries or concerns. Goal to offer honest, respectful as well as simple to be aware of legal counsel so that you can reduce the stress associated with your litigation.
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