COURT FUNCTION, PROCEDURE AND LAYOUT/法庭的功能、程序和布局

Question 1

The function of the District Court

Answer 1

The District Court hears and decides on category 1, 2 and 3 offences.
* Category 1 – fine only e.g. fighting
* Category 2 – imprisonment less than two years or those punishable by a community based sentence or a fine (or both) e.g. Intentional Damage
* Category 3 – imprisonment for two years or more, with the right to elect trial by jury
第1、2及3类罪行。
*第一类-仅适用于战斗
*第2类-监禁不到两年或可处以社区判决或罚款(或两者兼而有之)，例如故意损害
*第3类——监禁两年或两年以上，有权选择陪审团审判

Question 2

Outline the process for charges filed in the District Court.

Answer 2

The adult criminal process consists of five procedural stages through to completion:
* commencement 开始
* administration 监管
* review 审查
* trial and 审判
* disposition 处置

Question 3

The Function of the High Court

Answer 3

In this court, 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

The Police Prosecution Service (or the Crown) will undertake a thorough file analysis on every file after a non-guilty plea has been entered.

The analysis will determine whether there is sufficient evidence to meet the test for prosecution in the Solicitor General’s Prosecution Guidelines.

The Prosecutor will send an NIA tasking to the OC about matters needed in preparation for the CMM, full disclosure and any remedial action needed for evidential sufficiency.

Question 5

Define the following terms:
− election

Answer 5

Election—Where the defendant is charged with a Category 3 offence, the defendant is given an election; that is, a choice.
选举——如被告被控犯有第3类罪行，被告可获选举;这是一种选择。

Question 6

Name The judge who may be present in the District Court and briefly explain their role.

Answer 6

The judge:
* has overall responsibility of the court
* decides on questions of law and forms an opinion of guilt according to the weight of facts received from witnesses etc.

Question 7

Name The registrar who may be present in the District Court and briefly explain their role.

Answer 7

The registrar:
* reads out charges to the court
* assists the judge in administrative matters
* labels and numbers exhibits
* on occasions, swears in witnesses.

Question 8

Name The prosecutor who may be present in the District Court and briefly explain their role.

Answer 8

The prosecutor In a District Court is usually a police sergeant. The prosecutor:
* presents the prosecution case to the court
* cross-examines witnesses produced by the defence.

Question 9

Name The defence counsel who may be present in the District Court and briefly explain their role.

Answer 9

The defence counsel:
* presents the defence case to the court
* cross-examines witnesses produced by the prosecution
* speaks to the court on behalf of the defendant in certain cases.

Question 10

Define the following terms:
− remanded
− adjournment
− convicted.

Answer 10

Remanded—Again, the matter is set down for another date, but the defendant is:
* remanded on bail with terms attached; that is, reporting clauses, or
* remanded in custody.
还押候审—同样，这件事被定在另一个日期，但被告是
*有附加条件的保释候审;即报告从句，或
*还押候审。

Question 11

Define the following terms:
− adjournment.

Answer 11

Adjournment—The matter is set down for another date when the defendant is expected to be there.
休庭—这事被定在另一个日期，届时被告应该会在那里。

Question 12

Define the following terms:
− convicted.

Answer 12

Convicted—Conviction is entered on the court records.
定罪—定罪记录在法庭记录上。