Court Function, Layout & Procedure

Question 1

Explain the function of the District Court

Answer 1

The District Court hears and decides on category 1, 2 and 3 offences

There is a category of offences within Category 3 that regardless of election, will always be prosecuted by the Crown

Question 2

Outline the process for charges filed in the district court

Answer 2

• Commencement
• Administration
• Review
• Trial
• Disposition

Question 3

Explain the function of the High Court

Answer 3

A judge and jury hear evidence of charges of the most serious nature (Category 4); for example, murder.

High Court judges also hear appeals on decisions made in the District Court

Question 4

Outline the process that occurs when a not-guilty plea is entered in the District Court

Answer 4

1st Appearance

• PPS appear on all files
• Initial disclosure given
• Legal aid same day assignment

2nd Appearance

• Court may require plea to be entered
• May elect trial by jury for Cat 3 offences
• Cat 4 offences in HC, crown appear

NOT GUILTY PLEA

• Category 1 offence - Judge alone trial
• Category 2, 3 & 4 offences - Case Management Memorandum

PPS or Crown hold CMM discussions
-A sentence indication may be requested

PPS or Crown appear at Case Review Hearing

NOT GUILTY PLEA REMAINS

• Cat 2 & Cat 3 Judge alone go to Judge trial
• Cat 4 & Cat 3 jury trials are now all with Crown and got to Jury trial

Question 5

Define the following terms:

• Election
• Remanded
• Adjournment
• Convicted

Answer 5

Election
-Where the defendant is charged with a Category 3 offence, the defendant may choose to be tried by Judge or Jury

Remanded

• Matter is set down for another date.
• Can be remanded on bail or in custody

Adjournment
-Matter is set down for another date at which the defendant is expected to be there

Convicted
-Conviction is entered onto court records

Question 6

Name the various officials and person who may be present in the the District Court and briefly explain their role

Answer 6

Judge

• Has overall responsibility for the court
• Decides on questions of law and forms an opinion of guilt according to the weight of facts received from witnesses

Registrar

• Reads out charges to the court
• Assists the judge in administrative matters
• Labels & numbers exhibits
• On occasions, swears in witnesses

Prosecutor

• Usually a Police Sergeant
• Presents the prosecution case to the court
• Cross-examines witnesses produced by the defence

Defence Counsel

• Presents the defence to the court
• Cross-examines witnesses produced by the prosecution
• Speaks to the court on behalf of the defendant

Witness
-Relates to the cours the facts as they see them

Court Orderly

• Responsible or the discipline of the court
• Swears in witnesses in some courts
• Assists the prosecutor and defence counsel as required

Defendant

• Is the subject of proceedings
• Is not required to do anything but listen, if that is their wish
• Is not compelled to give evidence
• Will accept the decision of the court, unless their is an appeal

Public
-Permitted to be in the court room but may be excluded on the direction of the judge

Media

• Supplied with a copy of the information
• Record details of the case that are not suppressed

Court Attendants

• Call defendants
• Call witnesses
• Pass papers and the like to the judge
• Swear in witnesses, in some courts

Welfare Officers

• Maori Welfare Officers
• Salvation Army personnel
• Clergy
• Alcohol Assistance Programme Officers