Role of the Parties and Need for Legal Representation - Criminal

Question 1

2 roles of the prosecution

Answer 1

• Give an opening/closing address
  
  • At the start of the trial, give opening statements to the jury outlining the charges of the accused and the evidence they will present
  • At the conclusion of the trial, provide statements summarising their arguments and why they are accused is guilty beyond a reasonable doubt
• Call witnesses
  
  • Call all relevant witnesses and not just those who will support their case
  • Examination-in-chief
  • Cross-examination

Question 2

2 roles of the accused

Answer 2

• Enter a plea
  
  • The accused must plead guilty or not guilty to the charges against him. This can be performed at any time prior to the trial or during the trial, provided that a verdict has not been given
• Present evidence and call witnesses
  
  • The accused is not required to do this, as they do not have the burden of proof as well as having the right to silence
  • They may choose to do so, as this can assist in disproving the prosecution’s case by providing evidence or questioning witnesses to contradict the prosecution’s argument

Question 3

3 strengths of the role of the parties

Answer 3

• Both the prosecution and the accused are provided with the opportunity to present their case in court. This ensures that the accused is able to effectively participate in their trial through outlining admissible evidence and expert witnesses or presenting a defence
• There is no requirement to be accused to present evidence or a defence. This ensures formal equalities upheld as all accused in the criminal justice system can expect to have this right applied to them. This places the burden of proof on the prosecution
• The courts, through judges, can provide some general guidance to parties who are representing themselves, such as explaining legal terminology and the requirements of admissible evidence. This ensures that the parties are able to achieve engagement on an informed basis

Question 4

3 weaknesses of the role of the parties

Answer 4

• Limitation is that self-represented parties may struggle to understand how to present legal arguments and evidence against the prosecutor with expertise, which can prevent engagement
• Silence or unwillingness to present evidence by the accused may be viewed as an admission of guilt, which could lead to an unfair case outcome as it prevents impartial impartiality as the jury will see this as guilt, even though directed not to
• The accused may plead guilty on the basis that they do not understand their rights and do not think they will present their case in the best light. This prevents formal equality as they are not treated the same.

Question 5

What is a solicitor?

Answer 5

• A lawyer who:
  
  • Advises clients on legal matters
  • Prepares documentation
  • Researches relevant laws

Question 6

What is a barrister?

Answer 6

• A lawyer who:
  
  • makes legal arguments
  • questions witnesses
  • summarises the case to the judge or jury

Question 7

3 reasons for legal representation

Answer 7

• Ensure an accused understands legal proceedings
  
  • This can assist in understanding criminal proceedings, committal proceedings, how to submit a plea or the manner in which evidence must be presented
  • Without this, it can be very difficult for parties to understand the system
• Help an accused achieve a fairer outcome
  
  • A criminal lawyer who has experience can build a more compelling defence against the prosecutor’s accusations
  • With a stronger defence, this can ensure that an innocent accused is not wrongfully found guilty, receives an adequate sanction, or can appeal their conviction or sentence
• Provide objectivity
  
  • As an accused, it can be difficult to remain objective if you are personally involved
  • However, a legal practitioner can look at the facts of the case from an impartial point of view, allowing them to identify weaker or stronger points in the prosecution’s evidence