Role and function of legal personnel, the jury

Question 1

Name 5 officials which manned the legal system.

Answer 1

• Attorney General
• Director of Public Prosecutions (DPP)
• Deputy DPP
• State lawyers
• Chancellor
• President of the Court
• Appellate Judges
• Chief Justice
• Puisne Judges
• Chief Magistrate and magistrates
• Court Marshall
• Bailiffs
• Registrars
• Clerks
• Orderlies
• Police prosecutors
• Mediators

Question 2

What is the meaning of DPP?

Answer 2

Director of Public Prosecution

Question 3

What is the function of the Attorney General?

Answer 3

In charge of all civil litigation begun by the State or brought against the State.

Question 4

What is the function of the Director of Public Prosecutions?

Answer 4

DPP is in charge of all criminal matters begun by the state or brought against the State.

Question 5

What is the role of the Deputy DPP?

Answer 5

The Deputy DPP and all State Prosecutors assist the DPP with his or her work with him/ her in the DPP’s chambers they appear in court to conduct cases on behalf of the state.

Question 6

What is the function of the Attorney General’s team of lawyers?

Answer 6

The Attorney General is also assisted by a team of lawyers who work with him/her in the Attorney General’s Chambers. The Attorney General and the team of lawyers represent the state in all civil matters

Question 7

What is the function of the Chancellor of the Judiciary?

Answer 7

The Chancellor of the Judiciary is in charge of the entire Judiciary. He or she presides over the Court of Appeal and sits there to hear appeals together with the other Appeal Court Judges.

Question 8

What is the function of the Registrar of the Supreme Court Registry?

Answer 8

Qualified attorney at law and possesses the statutes of a puisne judge.

Question 9

Who runs the High Court in Trinidad and Tobago?

Answer 9

In Trinidad and Tobago the High Court is run on an everyday basis by the President of the Court

Question 10

Who runs the High Court in Guyana?

Answer 10

In Guyana the High Court is ran by the Chief Justice

Question 11

What is the function of the Chief Magistrate?

Answer 11

The Chief magistrate is in charge of all magistrates’ courts and hears matters of both civil and criminal nature. The Chief Magistrate is also directly responsible for distribution to all other magistrates cases that come before him or her.

Question 12

What is the function of the Marshalls?

Answer 12

The Marshalls are peace officers of all courts above the level of magistrate’s court.

Question 13

What is the function of Orderlies and Bailiffs?

Answer 13

Peace officers of the magistrate’s court

Question 14

True/False Currently a prospective law student is trained both as a barrister and a solicitor and is referred to as an attorney-at-law based on a unified profession and a combination of academic and professional training.

Answer 14

True

Question 15

How long is a law student required to study in the Carib?

Answer 15

3 years at UWI

Question 16

What is the role of lawyers?

Answer 16

• Role of the prosecution council

- Role of the defendant council

Question 17

Explain the role of the prosecution council.

Answer 17

In his book, On Criminal Procedure (5th edition), John Sprack states that counsel appearing on behalf of the prosecution are not in court to win the case at all cost. Sprack is of the view however that counsel should do their best to present the evidence properly and persuasively, and in addition counsel should cross-examine defense witnesses with all the necessary vigour and guile to the best of their ability.

Justice Avory in R v Banks:
‘prosecuting counsel ought not to struggle for the verdict against the
prisoner, but they ought to bear themselves rather in the character
of the ministers of justice assisting in the administrating of justice.’

Question 18

Briefly explain the case of R v. Paraskwa (prosecution council)

Answer 18

in this case the Court of Appeal quashed Paraskwa’s conviction for assault
occasioning actual bodily harm because the case against him turned upon
whether the victim of the alleged offences was telling the truth or deliberately
lying, and the prosecution failed to disclose that victim had been convicted in
1975 of an offence of dishonesty.
Important consideration
Please note that having been informed that a prosecution witness is not of good
character, the defence may sometimes choose not to cross-examine him. in such
a case, the prosecuting counsel might himself reveal his witness’s character to
the jury, but he is under no duty to do so. The principle is that the prosecution
should be scrupulously fair to the accused but need not be quixotically generous

Question 19

Explain the role of the defense counsel.

Answer 19

It is the task of the advocate for the defendant to use all means at his op
her disposal to secure an acquittal for his or her client. For instance, if
the advocate notices a flaw in the prosecution’s case, he or she may object
to oppose the issue but need not draw his or her opponent or the court’s
attention to the matter before the last possible moment.
It is important for you to note that, if a procedural irregularity occurs
before the decision or judgment of the court, it is the task of counsel to
inform the court as soon as possible.

Question 20

Briefly explain the case of R v. McFadden and Cunningham (defense council)

Answer 20

The Chairman of the Bar said:
“defence counsel’s duty is to present to the court, fearlessly and without
regard to his personal interests, the defence of the accused. His personal
opinion of truth or falsity of the defence, or of the character of the
accused, or of the nature of the charge should all be left out of the account
-that is a cardinal rule of the Bar, and it would be a grave matter in any
free society were it were not.

Question 21

What is the discipline of lawyers?

Answer 21

Discipline of members of the legal profession is carried out by an
organisation in each State. Invariably, the organisation lays down a code
of conduct, breach of which renders the errant member liable to varying
sanctions, including being debarred from practicing their profession.

Question 22

Briefly explain the case Forde v. The Law Society (Example indiscipline)

Answer 22

A solicitor received funds by cheque for a particular transaction, deposited it
to his account and thereafter issued to the complainant in respect of the said
transaction a cheque for an amount that should have come from the same fund,
but the cheque was dishonoured. The Disciplinary Committee, after an inquiry,
found a case of professional misconduct, and referred the case to the High Court.
The High Court found Forde’s misconduct to be gross and struck him off the Roll
of Attorneys.

Question 23

What are the rules of conduct?

Answer 23

-never introduce yourself to the Bar
-always address judges as Madam, Sir, Your Honour
-address magistrates as Your Worship
-never put your briefcase on the Bar Table
- never stand when another lawyer is standing
- never represent to your client that he or she has a good case when he
or she does not
-always acquaint yourself with the law as it pertains to your client’s
case
-the attorney-at-law must respect the principle of lawyer-client
confidentiality.