Court Function, Procedure And Layout Flashcards
Outline the process for charges filed in the district court.
Commencement - defendant is notified of the charges and court appearance.
Administration - initial appearance of the defendant in court.
Review - following a not guilty plea, dates are set for a case review hearing for filing a CMM.
Trial - judge alone or jury trial.
Disposition - completion of the prosecution (May occur at any stage of the prosecution)
Explain the function of the district court.
Decides on category 1, 2 and some 3 offences depending if the defendant elects to be trialled by jury or judge only.
What is a CMM?
A case management memorandum. A document jointly completed by the defence council and the prosecution and files in court by the defence lawyer as part of the review stage. Covers changes in pleas or charges and whether there is any judicial intervention required (sentence indication, sentence, pre-trial rulings) and protocol offences.
Explain the function of the high court.
Hear evidence if category 4 charges and hear appeals on decisions made in the district court.
Outline the process when a not guilty plea is entered in district court.
Dates are set for a case review hearing for filing a CMM.
Prosecutor prepares files for the case management meeting and ensures full disclosure has been provided.
Prosecutor meets with defence lawyer and jointly fills out CMM which solicitor files in court.
Reviewed by prosecutor an the OC case is notified of the CMM process.
Case review hearing is held in court unless a formal hearing is not required.
May then adjourn for sentencing, sentence indication, pre trial applications or trial.
What is election?
Electing to trial by judge alone or jury in a category 3 case.
What does remanded mean?
Matter is set down for another date but the defendant is either remanded on bail or remanded in custody. Adjournment would be set for another date in which the defendant must turn up.
Define convicted
Conviction is entered on the court records.
Name the various officials and persons who may be present in the district court and explain their role.
Judge - overall responsibility of the court. Forms an opinion of guilt.
Registrar - administration. Reads out charges.
Prosecutor - presents prosecution case and cross examines witnesses of the defence. Usually police sergeant.
Defence counsel - presents defence and cross examines witnesses by prosecution. Speaks on behalf of defendant.
Witness - relates the facts as they see them to the facts in issue.
Court orderly - responsible for discipline in the court.
Defendant - subject of the proceedings. Not required to do anything but listen.
Public - permitted to the courtroom unless the judge says otherwise.
Media - record details of the case that are not suppressed. Supplied with info.
Court attendants - call defendants and witnesses. Pass papers to the judge. Swear witnesses in some courts.
Welfare officers - clergy, Maori, Salvation Army, alcohol assistance etc.
