Key Personnel in Criminal Courts

Question 1

What is a judge?

Answer 1

• Independent authority who presides over a trial ensuring procedural fairness by overseeing all personnel and evidence

Question 2

What is a magistrate?

Answer 2

• Independent authority who presides over hearings in a magistrate’s court for less serious matters such as summary offences, committal proceedings and some civil disputes

Question 3

Differences b/w judge and magistrate

Answer 3

• Judges are appointed to the higher courts, such as the Supreme Court, whereas Magistrates are only appointed to the Magistrates Court
• Judges deal with a jury, whereas magistrates don’t
• Judges hear indictable offences, whereas Magistrates hear summary

Question 4

Roles of the judge (x3)

Answer 4

• Manage the trial:
  
  • Adjourning the trial to ensure there is no disparity
  • Limiting the number of witnesses or topics on which witnesses can be questions about
  • Limiting examination in chief or cross examination
• Direct the jury:
  
  • Giving directions to the jury to ensure a fair trial
  • Explaining legal definitions such as standard of proof, key elements
• Sentencing:
  
  • The judge must follow the Sentencing Act 1991 and factor in aggravating, mitigating and victim impact statements

Question 5

Strengths of the judge

Answer 5

• An independent and impartial judge ensures that the trial and court procedures are conducted fairly
• They are experienced professionals who are well versed in the law and court procedures, which ensures that procedures are correctly applied and equal opportunities given
• They can apply court rules to protect victims, providing access for vulnerable witnesses to safely give evidence

Question 6

Weaknesses of the judge

Answer 6

• They can only explain court procedures and legal terminology, and they cannot provide additional legal advice or information to a self represented party
• While they are meant to be impartial, judges are still human and as such a subjective personal bias and therefore made subconsciously discriminate against parties
• Judges rely on the parties to present all relevant evidence during the trial. If an accused has no access to legal representation, this may prevent all relevant facts from being disclosed

Question 7

What is a jury?

Answer 7

• A group of randomly selected people from the electoral role who are required to deliver a verdict in a trial based upon the evidence presented to them in court

Question 8

Groups ineligible to serve on a jury

Answer 8

• Those who have committed indictable offences
• Lawyers
• Police officers
• Judicial officers

Question 9

Roles of the jury (x3)

Answer 9

• Remain objective:
  
  • They must remain independent and unbiased towards both parties
  • If they do not believe this is possible due to prior connections or other factors, they must alert the court to excuse themselves
• Listen + consider evidence presented:
  
  • Be alert during trial
  • Take notes
  • Listen to directions
  • Apply the law
  • Participate in deliberation
• Determine verdict
  
  • Consider evidence presented to reach conclusion
  • Listen to other jurors

Question 10

Strengths of the jury

Answer 10

• Having 12 people from the community upholds transparency and accountability of the criminal justice system
• All accused who are charged with indictable offences are entitled to a trial by jury, regardless of their wealth, race or education
• The presence of a jury ensures less legal jargon and more plain English is used during trial

Question 11

Weaknesses of the jury

Answer 11

• They are used in a very small proportion of criminal cases, and therefore their effectiveness is limited
• Criminal cases can be complex and technical, which may prevent regular community members from understanding the terminology and the procedures
• They can cause delays due to procedures such as empanelling, evidence and legal terminology needing to be explained, as well as deliberations. It could also occur due to a hung jury. or a mistrial