The Criminal Trial Process

Question 1

Court hierarchy

Answer 1

Lower- local, children’s, coroners
Intermediate- district, supreme, court of criminal appeal, federal court
High- high court

Question 2

Local court aspects + legislation

Answer 2

Local courts act 1982 (NSW)
Presided over by magistrate, no jury
Deals with summary matters and less indictable matters and committal hearings to determine Prima facie case
Civil jurisdiction up to $100000

Question 3

Children’s court

Answer 3

Children’s court act 1987 (NSW) 
Under 18 or under 21 if they were less than 18 when charged.  
Closed court
Magistrate and no jury 
Purpose is rehab

Question 4

Coroners court

Answer 4

Presided over by a coroner and deals with u explained deaths and fires

Question 5

District court

Answer 5

District court act 1973 (NSW)
Appellate jurisdiction.
Presided over by judge and trial by jury
Deals with majority of serious criminal offences
Civil up to $750000

Question 6

Supreme Court

Answer 6

Supreme Court act 1970 (NSW) 
Appellate jurisdiction 
Deals with error of law by magistrates 
Presided by a judge and trial by jury 
Most serious criminal offences (murder)

Question 7

Court of criminal appeal

Answer 7

Appellate jurisdiction-highest criminal appeal

Question 8

Federal court

Answer 8

Judiciary act 1903 (CWLTH)

Deals with commonwealth offences

Question 9

High court

Answer 9

Constituted by judiciary act 1903 (CWLTH)
Highest appeal court, hears appeals and criminal matters for existing areas of law that require classification and new areas of law

Question 10

Drug court +act

Answer 10

Drug court act 1998 (NSW)

Aims to tackle recidivist behaviour by breaking the cycle of addiction and crime by more therapeutic approach

Question 11

Aspects of the adversary system

Answer 11

Inherited from British common law
Two opposing parties
Neutral third party
Court ruling can be appealed

Question 12

What is the role of a magistrate?

Answer 12

Presides over local court
If accused pleads guilty determines sentence
If pleads not guilty determine guilt then sentences
Hear committal hears to determine if a prima facie case exists

Question 13

Role of a judge

Answer 13

Oversee the conduct of the trial, rule on admissibility of evidence, rule on points of law and instruct the guilty. Will then determine sentence if found guilty

Question 14

What do prosecutors do

Answer 14

Represents the state (society) to prosecute a crime in court in support of the prosecution

Question 15

What is a police prosecutor? where do they work?

Answer 15

Police officer with legal training

Works in the local court as prosecutor

Question 16

What is the Director of public prosecutions responsible for? + act

Answer 16

Crown prosecutors who carry indictable matters

Director of Public Prosecutions Act 1986 (NSW)

Question 17

What does a public defender do

Answer 17

Support the case of the defence for people with legal aid

Question 18

What are the types of pleas?

Answer 18

guilty

not-guilty

Question 19

3 types of charge negotiations

Answer 19

1. pleading guilty to a lesser charge
2. Same charge with a change of facts
3. Agree to some charges but not all, on the basis that the remaining charges will not be proceeded with

Question 20

What is the right to legal representation (legal aid)?

Answer 20

Not absolute but do have implied right. Children will always get representation

Question 21

Criteria of legal aid

Answer 21

1. means: income (>$400/week)/assets
2. merit: chances of success
3. jurisdiction: is it the type of case they can fund

Question 22

Who has the burden of proof in a criminal hearing?

Answer 22

Prosecution

Question 23

What is the standard of proof in a criminal matter?

Answer 23

Beyond reasonable doubt

Question 24

How are witnesses used as evidence?

Answer 24

Get sworn in by oath/affirmation and are then cross examined to test truth of evidence

Question 25

Evidence act-what is it for

Answer 25

Evidence Act 1995 (NSW)

outlines the way evidence must be obtained

Question 26

4 complete defences + relevant cases

Answer 26

1. insanity- R v. Porter
2. Self defence- Viro v. queen
3. Compulsion: necessity - holmes v. US & duress
4. Consent

Question 27

What legislation allows for partial defences and what does it achieve

Answer 27

Section 23 of the crimes act 1900 (NSW)

murder to manslaughter

Question 28

2 types of partial defences

Answer 28

Provocation

Diminished responsibilty: suffers abnormality of the mind- r v. Byrne

Question 29

What is the role of juries + act

Answer 29

Determines guilt based on evidence presented

Jury Act 1977 (NSW)

Question 30

What are the 2 types of challenges to the jury

Answer 30

1. Pre-emptory: up to 3- no reason required

2. Cause: unlimited - reason required

Question 31

What did the Jury Amendment Act 2006 (NSW) allow?

Answer 31

10:1 or 11:1 verdicts after at least 8 hours deliberation

Question 32

Arguments for jury

Answer 32

• reflects societies attitudes
• independent
• decision made by more than one person

Question 33

Arguments against jury system

Answer 33

• some people are exempt therefore not full reflection of society
• no reason needed
• lack of legal understanding

Question 34

Judge only trials- act + what used for

Answer 34

Criminal procedure act 1986 (NSW) amendment 1990

Mainly used for celebrities were it is too hard for jury to be impartial (Cardinal Pell)