Knowing Brisbane Criminal Law Terminology

The Australian legislation is rife with extremely specialised terminology that a majority of people may have trouble understanding. So when you, or someone close to you has become confronted with a criminal charge, it’s important to comprehend the legal terminology that is likely to come up in legal documents and after a trial. Here we’ve provided a summary of a few of the more confusing terms and definitions often found in the Australian criminal justice system.


Acquittal:
This term is used if the magistrate, jury or appeal court find that an individual is not liable in the charges against him/her.
Affidavit:
A written declaration made under oath before a notary public and other authorised officer. The individual who has written the declaration claims that the contents are, to the best of their knowledge, true.
Appeal:
To make an appeal would be to require a case to a higher court to be able to challenge a conclusion manufactured by a lower court or tribunal. For instance, an appeal from the decision in the Federal Circuit Court of Australia could be built to the Federal Court. The individual that appeals is called the ‘appellant’. However, it’s important to note that all decisions might be appealed.
Committal Hearing:
This can be a hearing of all evidence that props up charge within the lower court by a magistrate who decides when there is sufficient evidence for that case to venture to trial. In most committal hearings, there can be witnesses who are forced to provide evidence.
Complainant:
This can be the term used problem to refer to the victim in the crime committed.
Defendant:
This can be the term used problem to refer to the individual that has been charged with a criminal offence. This term is interchangeable with ‘the accused’.
Deposition:
This can be a typed copy in the evidence recorded problem.
Exhibits:
All evidence (apart from evidence given by the witnesses) forced to present the truth to the court, including photographs, clothing, documents or some other goods that could be strongly related the truth.

Indictable Offence:
A critical Lawyer Brisbane that is commonly heard within a higher court before a judge along with a jury. Less serious indictable offences, termed as summary offences, usually are heard within a Local Court.
Indictment:
This can be a formal written accusation charging you are not an offence that is supposed to have been tried within a higher court.
Jurisdiction:
This can be the extent of legal authority/power in the Court to apply regulations. For instance, nationwide the Federal Court has jurisdiction under more than 150 Acts in the Commonwealth Parliament.
Mediation:
This can be a process whereby a neutral vacation, known as the mediator, assists in causing an agreement or agreed settlement without requiring the choice of the Court.
Plaintiff:
This can be the term used to refer to anyone or party who initiates a civil action. Quite simply, this can be the person or party who brings an incident up against the defendant, and seeks punishment for that person or those who committed the crime.
Plea:
This is the time the accused person (the defendant) tells the court if they are guilty or otherwise guilty of the charge against them. If your accused pleads guilty, a shot won’t occur and the case proceeds to a sentencing hearing, which determines the punishment for that crime.
Subpoena:
A subpoena compels the appearance of an individual at the trial to be able to testify and/or produce documents. This can be a court order, and if it’s disobeyed, the disobedient person might be in contempt of court.
Voir Dire:
This can be a legal argument regarding the admissibility of the certain part of evidence problem. In the case that this argument should occur, the witness and the jury are sent of court until it finishes.

In case you have any queries regarding a criminal charge in Brisbane, please don’t hesitate to get hold of us. At Guest Lawyers, we specialise in criminal law and would be more than pleased that may help you with any queries or concerns. Our aim is to offer honest, respectful and simple to be aware of legal counsel to be able to reduce the stress connected with your litigation.
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