Function Flashcards
What does the District Court do?
It hears and decides on Cat 1 (fine only), 2 (imprisonment >2yrs) & 3 (imprisonment 2+yrs) offences.
What is the function of the courts?
To decide on guilt or innocence, and to impose appropriate punishment when necessary.
What does the High Court do?
A judge and jury hear evidence of charges of the most serious nature Cat 4
Define: Judicial officer
A High/District Court Judge, a Community Magistrate or JOP
Define: Judge-alone trial
A trial presided over by a judicial officer without a jury
Define: Jury trial
A trail presided over by a Judge and jury
Define: Sentence indication
A statement by the court indicating to the defendant what the court would/not be likely to impose as a sentence if a guilty plea is entered to the charge/offence
What is a Case Management Memorandum (CMM)?
The document jointly completed by the Defence Counsel and the prosecution and filed in court by the Defence Lawyer as part of the review stage.
What is a File Analysis?
The Police Prosecution service undertake a thorough file analysis on every file after a not guilty plea to determine if sufficient evidence to meet the test for prosecution.
What is a Case Review Hearing (CRH)?
Opportunity for issues to be dealt with before a judge, amend or withdraw charges, change of plea, pre-trial applications made, sentence indications given and pre-trial admissibility hearings raised.
What is an Election?
Where a defendant is charged with a Cat 3 offence he is given a choice
Define: Adjornment
The matter is set down for another date, at which time the defendant is expected to be there
What does it mean when the defendant is Remanded?
The matter is set down for another date but is either remanded on bail with terms attached or remanded in custody
What does it mean when the defendant is Remanded at large?
The defendant is allowed to go without bail
Define: Recess
The court takes a break for lunch etc
Define: Swear Witness
Witness swear an oath on the bible to tell the truth when giving evidence
Define: Affirmation
A promise to tell the truth when giving evidence
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
The Registrar…
Reads out charges to the court
Assists the judge in admin matters
Labels and numbers exhibits
Occasionally swears in witnesses
The Prosecutor…
Presents the prosecution case to the court
Cross-examines witnesses produced by the defence
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
The witness…
Relates to the court the facts as they see them about the facts in issue
The court orderly….
Is responsible for the discipline of the court
Swears in witnesses in some courts
Assists the prosecutor and defence counsel as required
The defendant…
Is the subject of the proceedings
Is not required to do anything but listen, if that is the defendants wish
Is not compelled to give evidence
Will accept the decision of the court, unless there is an appeal
The public….
Is permitted to be in the court but may be excluded on the direction of the judge
The media…
Are supplied with a copy of the information
Record details of the case that are not suppressed
Court attendants…
Call defendants/witnesses
Pass papers and the like to the judge
Swear in witnesses
Welfare officers include…
Maori Welfare Officers
Salvation Army personnel
Clergy
Alcohol Assistance Programme officers
