Knowing Brisbane Criminal Law Terms

The Australian legislation is rife with extremely specialised terminology that most people might have trouble understanding. While you, or someone in the area continues to be faced with a criminal charge, it’s important to view the legal terminology that is certainly planning to appear in legal documents and within a trial. Here we’ve provided a summary of a few of the more confusing terms and definitions often used in the Australian criminal justice system.

Acquittal:
This term is utilized in the event the magistrate, jury or appeal court discover that one is simple with the charges against him/her.
Affidavit:
An itemized declaration made under oath before a notary public or other authorised officer. The person who has written the declaration states that the contents are, on the best their knowledge, true.
Appeal:
To create an appeal would be to take a case to some higher court as a way to challenge a determination created by a reduced court or tribunal. For example, an appeal from a decision with the Federal Circuit Court of Australia could be designed to the federal government Court. The one that appeals is termed the ‘appellant’. However, it can be important to note that doesn’t all decisions could be appealed.
Committal Hearing:
It is a hearing of all evidence that sports ths charge in the lower court by way of a magistrate who decides if there is sufficient evidence for the case to venture to trial. In certain committal hearings, there can be witnesses who will be needed to provide evidence.
Complainant:
This is the term used in court to refer to the victim with the crime committed.
Defendant:
This is the term used in court to refer to the one who has faced with a criminal offence. This term is interchangeable with ‘the accused’.
Deposition:
It is a typed copy with the evidence recorded in court.
Exhibits:
All evidence (besides evidence furnished by the witnesses) needed to present the truth on the court, such as photographs, clothing, documents or other items that could be tightly related to the truth.

Indictable Offence:
A critical Lawyers in Brisbane that is certainly commonly heard in the higher court before a judge plus a jury. Less serious indictable offences, termed as summary offences, are often heard in the Local Court.
Indictment:
It is a formal written accusation charging a person with an offence that is certainly supposed to have been tried in the higher court.
Jurisdiction:
This is the extent of legal authority/power with the Court to apply what the law states. For example, around australia the federal government Court has jurisdiction under over 150 Acts with the Commonwealth Parliament.
Mediation:
It is a process whereby a neutral third party, called the mediator, aids in contributing to an agreement or agreed settlement without requiring the choice of your Court.
Plaintiff:
This is the term used to refer to the individual or party who initiates a civil action. Quite simply, this is the person or party who brings an instance against the defendant, and seeks punishment for the person or those who 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 responsible for the charge against them. If the accused pleads guilty, an effort will not likely happen and also the case proceeds to some sentencing hearing, which determines the punishment for the crime.
Subpoena:
A subpoena compels the look of somebody at a trial as a way to testify and/or produce documents. It is a court ruling, if it can be disobeyed, the disobedient person might be in contempt of court.
Voir Dire:
It is a legal argument about the admissibility of your certain bit of evidence in court. In the case that this argument should happen, the witness and also the jury are mailed of court until it finishes.

In case you have any questions regarding a criminal charge in Brisbane, please don’t hesitate to call us. Right here at Guest Lawyers, we focus on criminal law and will be more than happy that will help you with any questions or concerns. Goal to supply honest, respectful and easy to comprehend legal advice as a way to decrease the stress associated with your litigation.
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