Criminal Prosecution Process - 'The Courts' Flashcards
List the 3 key roles of a Judge
1) Overall responsibility of the court
2) Decides on Q’s of law
3) Forms an opinion of guilt according to the facts provided by witnesses/evidence
List the 4 key roles of a registrar
1) Read out charges to the court
2) Assist Judge in admin matters
3) Label and number exhibits
4) Can swear in witnesses (on occasion)
Who would usually be the prosecutor in a District Court?
Usually a police Sergeant
List 2 key roles of the Prosecutor
1) Presents the prosecution case to the court
2) Cross-examines witnesses produced by the defence
List 3 key roles of the defense counsel
1) Presents the defense case
2) Cross-examines witnesses produced by prosecution
3) Speaks to court on behalf of defendant
What is the witnesses role in court?
To relate the facts as they see them to the court
List 3 key roles of the Court Orderly
1) Responsible for discipline
2) Swears in witnesses
3) Assists the prosecutor and defense council
What are the defendants options in a court of law?
1) not required to do anything
2) not compelled to give evidence
3) accepts the decision of the court UNLESS there is an appeal
Are the public permitted to be in a courtroom?
Yes but they may be excluded on the direction of the Judge
List the organisations listed under ‘Welfare Officers’
Maori Welfare Officer
Salvation Army personnel
Clergy
AA Programme officers
What are the 5 Procedural Stages of the Criminal Prosecution Process?
1) Commencement
2) Administration
3) Review
4) Trial
5) Disposition
What does CRH stand for?
C - Case
R - Review
H - Hearing
What can occur at a CRH?
1) Issues can be dealt with before a Judge
2) Amend or withdraw charges / change of plea
3) Sentence indication given
What does CMM stand for?
C - Case
M - Management
M - Memorandum
Who completes a CMM?
Jointly completed by defense counsel and prosecution
