FL01- Court Function, Procedure And Layout Flashcards
What offences are dealt with in the District Court?
Category 1, 2 and 3
What offences are dealt with in the High Court?
Category 4 offences + Appeals from the district court.
Some Category 3 cases.
What are the 4 categories of offences?
Category 1 - Fine only
Category 2 - Imprisonment less than 2 years, community based sentence and/or fine.
Category 3 - Imprisonment for two years or more. Right to elect trial by jury in high court.
Category 4 - Offences trialled by high court jury. E.g murder
What is a judicial officer?
An umbrella terms used for a high court judge, district court judge, a community magistrate, or a justice of the peace.
What is a Judge- alone trial?
A trial presided over by a judicial officer without a jury.
What is a jury trial?
A trial presided over by a judicial officer and a jury.
What does PPS mean?
Police Prosecution Service
What does CMM Mean?
What is their role?
Case Management Memorandum
Trial scheduling, paperwork/filing etc.
Who is a file analysis completed by? And why?
Police Prosecution Service.
When a non-guilty plea is entered every file has to go through file analysis.
What is the purpose of a case review hearing?
Held before a judge before a trial, opportunity to change plea or any other issues that may arise prior to trial.
What is an election?
Category 3 defendant gets to decide whether they stay in a district court, or go before a judge and jury.
What is the meaning of ‘convicted’?
Conviction is entered on court records.
Adjournment meaning?
Set for another date
What does it mean to be ‘remanded’?
Set for another date, however the defendant is remanded on bail/in custody.
What does it mean to be ‘remanded at large’?
Defendant is allowed to go on adjournment, without bail.
What is the meaning of ‘recess’?
Court takes a break e.g for lunch
What does it mean to “Swear witness”
Witnesses swear on the bible to tell the truth when giving evidence
What does it mean to give “Affirmation”?
A promise to the court to tell the truth when giving evidence.
What are the 5 procedural stages in the criminal prosecution process?
1) Commencement
2) Administration
3) Review
4) Trial and
5) Disposition
What is the judges responsibility?
1) Overall responsibility of the court
2) Decides on the questions of law and forms an opinion of guilt, according to the weight of facts.
Who’s job is it too:
1) Read out the charges to the court
2) Assist the judge in administration
3) Labels and numbers the exhibits
4) Swears in Witnesses
The Registrar of the court.
What is the prosecutor’s role in court?
1) Presents prosecution case
2) Cross examines witnesses provided by the defence
What is the role of the defence counsel?
1) Presents defence case to court
2) Cross-examines the prosecutions witnesses.
3) Speaks to the court on behalf of the defendant.
What is the witnesses role?
State the facts as they seem the about the facts in the issue.
Who is responsible for the discipline of the court?
Court Orderly
What is the defendants role in court?
1) Subject to the proceedings
2) Is not compelled to give evidence
3) Not required to do anything but listen, if they wish.
4) Will accept the decision of the court, unless there is an appeal.
When is the public not allowed to be in a court room?
When excluded under direction of the judge.
What is the media’s role in the court room?
1) . Supplied a copy of the information
2) Record details of the case, that are not suppressed, for public information
What is the role consists of:
1) Call defendant
2) Call witnesses
3) Pass papers etc. to judge
4) Swear in witnesses
Court Attendants
What are the 4 welfare officers in court?
- Maori Welfare Officers
- Salvation Army Personnel
- Clergy
- Alcohol assistance programme officers
