DP9 Roles of key personnel

Question 1

What is the role of the Magistrate and Judge?

Answer 1

• Act impartially
• Manage hearing/trial
• decide appropriate sentence
• decide guilt for magistrate
• give jury directions for judge

Question 2

What does acting impartially require?

Answer 2

Ensuring both parties are treated equally and fairly
- cannot have relationship with someone directly or involved in case
Must be impartial - upholds fairness (impartial processes) and equality (no relationships)

Question 3

How does a judge manage a hearing/trial?

Answer 3

Makes sure correct court procedures are followed (e,g how evidence is given via alternative arrangements)
- What evidence is admissable (fairness, impartial and open processes, engagement)

Question 4

How does a jusge decide the appropriate sentence?

Answer 4

During plea hearing, takes mitigating and aggravating factors into account.

Question 5

How does a judge uphold the principles of justice?

Answer 5

Must be competent, unbiased and impartial, is central component of fair trial.
- independent (no relationships) fairness
- can assist self-represented accused to achieve equality (no disadvantage or disparity)
- case management powers allow efficiency of trial, avoiding delays (engagement access)

Question 6

What are the responsibilities of the jury?

Answer 6

Deliver verdict - decide on facts and law
- confidential and free from coercion
Objectivity - No connection with accused or key personnel, cannot have own prejudice.
Listen and remember evidence - concentrate on evidence being presented, cannot undertake own investigations

Question 7

What are the strengths of a jury?

Answer 7

Randomly picked from electoral roll (independence of jury), access
- community can partcipate, reflecting community standards and ensures access engagement
- collective decision-making reduced possibility of bias
- juries represent the people, so wide range of views and values in society

Question 8

What are the weaknesses of a jury?

Answer 8

May not be able to avoid own unconscious bias (can cede disadvantage or disparity)
- may struggle to understand legal jargon
- can lengthen case as judge must explain legal processes (limits access)
Not everyone can participate in jury, meaning some groups are not represented

Question 9

What must the prosecution disclose?

Answer 9

information to accused. Must disclose all credible evidence relevant to the case, even if not beneficial to the prosecution
- accused must be informed about evidence used against them (fairness open processes and participation)

Question 10

What are the roles of the prosecution and accused?

Answer 10

Disclose information to accused
Participate in trial/hearing
Make submissions about sentencing