The parties

Question 1

What are the two parties involved in a criminal case?

Answer 1

• Prosecution: party bringing criminal case to the court
• Accused: party being charged with a criminal offence

Question 2

What is party control?

Answer 2

It is the key concept where each party has control over the way in which they can present their case as long as they comply with the court’s rules, directions and laws

Question 3

What are the roles of the prosecution?

Answer 3

Main role: present case and let the jury/magistrate decide on guilt
- disclose information to the accused
- participate in trial/hearing
- make submissions about sentencing

Question 4

What does disclose information to the accused mean?

Answer 4

It means the prosecutor must disclose all relevant matters to the accused, including evidence used against them or any materials that may assist the accused. This extends to disclosing relevant convictions of the prosecution’s witnesses (allowing the accused to cross-examine on credibility)

Question 5

What does participate in trial/hearing for the prosecution entail?

Answer 5

• presenting opening address: outline their case
• presenting evidence supporting them including calling and examining witnesses
• cross-examining any witnesses called by the accused
• presenting closing address: only relating to facts/evidence without opinions
  (opening and closing address only occurs in summary hearings with permission)

Question 6

When does sentencing submissions occur?

Answer 6

It occurs when the accused pleads guilty/found guilty and the matter is set down for plea hearing where both parties can make submissions about sentencing

Question 7

What does sentencing submissions mean for the prosecution?

Answer 7

It means that the prosecutor can inform court about laws that apply and anything about the offence/offender that is relevant to sentencing

Question 8

What are the roles of the accused:

Answer 8

They are different as accused does not have the burden of proof and can remain silent if they choose to therefore optional:
- participate in trial/hearing
- make submissions about sentencing

Question 9

What does participate in trial/hearing mean for the accused?

Answer 9

• presenting opening address: summarise evidence
• presenting evidence supporting them normally through witnesses
• cross-examining any witnesses called by the prosecution
• presenting closing address: only relating to evidence
  (can also choose to remain silent and do nothing)

Question 10

What does make submissions about sentencing mean for the accused?

Answer 10

It means the offender can make submissions in order to obtain the least possible sentence relying on factors/information supporting lighter sentence but they cannot mislead the court in any way