The Australian judicial system is rife with extremely specialised terminology that a lot of people could possibly have trouble understanding. While you, or someone in the area has become confronted with a criminal charge, it’s important to comprehend the legal terminology that is certainly planning to show up in legal documents and throughout a trial. Here we’ve provided a listing of some of the more confusing terms and definitions often found in the Australian criminal justice system.

Acquittal:
This term is used once the magistrate, jury or appeal court realize that an individual is innocent of the charges against him/her.
Affidavit:
A written declaration made under oath before a notary public and other authorised officer. The person who has written the declaration claims that the contents are, to the best of their knowledge, true.
Appeal:
To produce an appeal is to please take a case to some higher court so that you can challenge a determination made by a lower court or tribunal. For instance, an appeal from the decision of the Federal Circuit Court of Australia may be created to the Federal Court. The person who appeals is called the ‘appellant’. However, it really is important to note that all decisions can be appealed.
Committal Hearing:
This is a hearing of all the evidence that props up charge within the lower court with a magistrate who decides if there is sufficient evidence to the case to attend trial. In certain committal hearings, there might be witnesses who are needed to provide evidence.
Complainant:
This can be the term used problem to consult the victim of the crime committed.
Defendant:
This can be the term used problem to consult the individual that has charged with a criminal offence. This term is interchangeable with ‘the accused’.
Deposition:
This is a typed copy of the evidence recorded problem.
Exhibits:
All evidence (in addition to evidence furnished by the witnesses) needed to present the situation to the court, including photographs, clothing, documents or another items that may be tightly related to the situation.

Indictable Offence:
A significant Brisbane lawyer that is certainly commonly heard in the higher court before a judge along with a jury. Less serious indictable offences, termed as summary offences, usually are heard in the Local Court.
Indictment:
This is a formal written accusation charging a person with an offence that is certainly intended as tried in the higher court.
Jurisdiction:
This can be the extent of legal authority/power of the Court to utilize what the law states. For instance, in Australia the Federal Court has jurisdiction under over 150 Acts of the Commonwealth Parliament.
Mediation:
This is a process whereby a neutral vacation, referred to as the mediator, aids in leading to a compromise or agreed settlement without requiring your decision of the Court.
Plaintiff:
This can be the term used to consult the individual or party who initiates a civil action. Put simply, this can be the person or party who brings an incident from the defendant, and seeks punishment to the person or people who committed the crime.
Plea:
This is where the accused person (the defendant) tells legal court if they are guilty you aren’t responsible for the charge against them. When the accused pleads guilty, an effort will not happen as well as the case proceeds to some sentencing hearing, which determines the punishment to the crime.
Subpoena:
A subpoena compels each side an individual at the trial so that you can testify and/or produce documents. This is a court order, if it really is disobeyed, the disobedient person might be in contempt of court.
Voir Dire:
This is a legal argument concerning the admissibility of the certain bit of evidence problem. In the event that this argument should take place, the witness as well as the jury are mailed of court until it finishes.

If you 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 would be more than happy that will help you with questions or concerns. Our aim is to offer honest, respectful and simple to be aware of legal services so that you can decrease the stress related to your litigation.
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