Responsibilities of key personnel

Question 1

Responsibilities of a judge

Answer 1

Ensures court procedures are carried out in accordance with the courts rules and that the parties are treated fairly

Must act impartially and have no connection with the prosecution or the accused

Independent third party that acts impartially and is unbiased

Manage the trial and its processes

Decide on evidence that is admissible in court

Attend to jury matters

Give jury directions and sum up the case

Hand down a sentence

Question 2

Limitations of a judge

Answer 2

Potential bias – subject to potential bias and may unconsciously discriminate against certain parties

Limited control – judges rely on the parties to present all relevant evidence during a trial – if an accused is self represented it may prevent all relevant facts being present and judges cannot actively seek out evidence they may need to deliver a verdict – this could lead to an unfair result

Cannot assist self represented parties

Question 3

Responsibilities of a Jury

Answer 3

Be objective/impartial

Listen to and remember evidence, not pursuing own
investigation

Understand directions and summing up

Deliver a verdict on the facts of the case, which must be unanimous

Question 4

Limitations of a jury

Answer 4

Delays – as they are not trained legal professionals it may take days for jurors to deliberate and look over evidence when deciding on a verdict

Criminal cases are complex and jurors are not legal trained which may lead to an unfair verdict

Potential bias

Very few matters use juries

Question 5

Responsibilities of prostecution

Answer 5

Present and prepare evidence (through questioning witnesses) to support their case

Make submissions about sentencing if accused is found guilt

Given opening and closing addresses

Assist the judge in contributing to empanelment of jury, making challenges and request directions to jury during trial

Question 6

Responsibilities of accused

Answer 6

Present and prepare evidence (if self represented)

Given opening and closing addresses

Assist the judge in contributing to empanelment of jury, making challenges and request directions to jury during trial

Question 7

Limitations of accused

Answer 7

Unrepresented parties may not present all relevant evidence/lawful defences to the court,this may lead to an incorrect outcome

Not all accused has available legal representation to help equip them to present their best case

Question 8

Responsibilities of legal practitioners

Answer 8

Prepare and conduct a case on behalf of their clients

Have a duty to act honestly and not to deceive or mislead the court

Examine witnesses and cross-examine the oppositions’ witnesses

Present arguments to the jury

Provide ongoing legal advice to a client

Case is presented in the best possible light by an expert – they are able to test the accuracy of the prosecutions evidence

Question 9

Limitations of legal practitioners

Answer 9

Legal practitioners are quite costly therefore financially disadvantaged individuals may not be able to afford any/goood quality legal representation

Case may not be represented in best light