Comprehending Brisbane Criminal Law Terminology

The Australian judicial system is rife with extremely specialised terminology that a majority of people may have trouble understanding. So when you, or someone near to you has become confronted with a criminal charge, it’s crucial that you see the legal terminology that’s prone to surface in legal documents and throughout 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 can be used once the magistrate, jury or appeal court find that one is innocent from the charges against him/her.
Affidavit:
A written declaration made under oath before a notary public or other authorised officer. The individual that has written the declaration claims that the contents are, to the best their knowledge, true.
Appeal:
To make an appeal would be to please take a case to a higher court so that you can challenge a conclusion manufactured by a lesser court or tribunal. By way of example, an appeal from the decision from the Federal Circuit Court of Australia could be designed to the government Court. The one who appeals is called the ‘appellant’. However, it’s important to note that doesn’t all decisions might be appealed.
Committal Hearing:
This is a hearing of all the so-called evidence that sports ths charge in the lower court with a magistrate who decides if you find sufficient evidence for that case to venture to trial. In a few committal hearings, there can be witnesses who will be needed to provide evidence.
Complainant:
This can be the term used in court to consult the victim from the crime committed.
Defendant:
This can be the term used in court to consult the individual that has been involved in an offence. This term is interchangeable with ‘the accused’.
Deposition:
This is a typed copy from the evidence recorded in court.
Exhibits:
All evidence (aside from evidence given by the witnesses) needed to present the truth to the court, for example photographs, clothing, documents or some other things that could be tightly related to the truth.

Indictable Offence:
A critical Lawyers in Brisbane that’s commonly heard in a higher court before the court and a jury. Less serious indictable offences, referred to as summary offences, usually are heard in a Local Court.
Indictment:
This is a formal written accusation charging having it . an offence that’s supposed to have been tried in a higher court.
Jurisdiction:
This can be the extent of legal authority/power from the Court to use what the law states. By way of example, in Australia the government Court has jurisdiction under greater than 150 Acts from the Commonwealth Parliament.
Mediation:
This is a process whereby a neutral third party, referred to as mediator, assists with contributing to an agreement or agreed settlement without requiring the decision of the Court.
Plaintiff:
This can be the term used to consult anybody or party who initiates a civil action. Quite simply, this can be the person or party who brings in a situation against the defendant, and seeks punishment for that person or people that committed the crime.
Plea:
This is the time the accused person (the defendant) tells a legal court whether they are guilty or not accountable for the charge against them. If the accused pleads guilty, an endeavor won’t happen along with the case proceeds to a sentencing hearing, which determines the punishment for that crime.
Subpoena:
A subpoena compels the look of someone at the trial so that you can testify and/or produce documents. This is a order from the court, and when it’s disobeyed, the disobedient person may be in contempt of court.
Voir Dire:
This is a legal argument in regards to the admissibility of the certain piece of evidence in court. In the event that this argument should occur, the witness along with the jury are sent out of court until it finishes.

For those who have any questions regarding a criminal charge in Brisbane, please don’t hesitate to get hold of us. Here at Guest Lawyers, we specialise in criminal law and will be more than happy to assist you with any questions or concerns. Goal to deliver honest, respectful as well as simple to be aware of legal counsel so that you can lessen the stress related to your litigation.
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