Legal Personnel

Question 1

what is a magistrate

Answer 1

• judicial officers who preside over cases
• preside over a local court
• appointed by the chief magistrate
• decides guilt in summary cases and passes the sentence
• oversee proceedings and make a determination on the basis of the evidence presented

Question 2

what are judges

Answer 2

• judicial officers who conducts trials according to the rules and principles of the law in the intermediate and superior courts (district and supreme court)
• functions to enforce the rules of the court
• functions to advise the jury on their role and points of law
• passes sentence based on law and the facts presented to them by the prosecution and defence
• functions to exclude inadmissible or irrelevant evidence
• remains impartial at all times

Question 3

what are prosecutors (police and DPP)

Answer 3

• representatives of the state (and therefore society/ crown) in a trial
• it is the prosecutor’s role to prosecute the offender in a court of law with the intention of obtaining an appropriate form of sanction or punishment for the offence
• process the guilt of the accused
• once a conviction has been gained, the prosecution will present arguments and evidence in favour of harsh penalty

police prosecutor: present in the local court often prosecuting summary offences, specially trained NSW police officer
director of public prosecution (DPP): crown prosecutors (barristers), operate in higher courts, crown prosecutors (barrister) who prosecute indictable offences

Question 4

What are public defenders and legal aid

Answer 4

a commission that is established to ensure that people unable to afford legal representation have access to a lawyer.

Tests for legal aid:
- means: assessment of the person’s ability to afford their own representation
- merit: determines the likelihood of the case succeeding
-jurisdiction: what branch of law the case is classified as

Question 5

what is the director of public prosecution

Answer 5

The DPP is an independent authority that prosecutes all serious offences on behalf of the NSW government. - prosecutors employed by the DPP are barristers or solicitors who have numerous years in the CJS
- in court, their role is to present evidence, ask questions of the witness on the stand and draw out the truth from the evidence and testimony given by the witnesses

Question 6

why is the DPP independent from the NSW gov

Answer 6

the independence of the DPP from the government is vital to ensure that cases selected for prosecution are chosen on their merits and not because of political interference or public pressure.

Question 7

what are public defenders

Answer 7

Public defenders are barristers who appear in serious criminal matters for an accused who has been grant legal aid.
where an accused cannot afford to pay for a barrister or soliticor, they may be grant access to a public defender.