The Role Of Court Personnel In Criminal Trials Flashcards
Prosecutor, accused counsel, police prosecutor
For serious criminal cases a prosecutor will bring the matter to court. Prosecutors work under the guidance of the Director of Public Prosecutions, who is responsible for bringing all criminal matters to trial on behalf of the state. The barrister acting for the accused is referred to as the accused’s counsel. Trained police, known as police prosecutors, take the accused to court in minor criminal cases heard in the Magistrates’ Court.
Plaintiff and defendant
In a civil case the party bringing the case is called the plaintiff. The plaintiff has to prove that the other party is legally in the wrong. The party defending the case is known as the defendant.
Barrister
A barrister is briefed (given all the information about a case) by a solicitor and will appear in court on behalf of a client. A barrister who provides outstanding legal service can apply to the Chief Justice of the Supreme Court to be known as a senior counsel (SC). This allows the barrister access to high-profile cases and generally higher fees.
Bench clerk
A bench clerk works in the Magistrates’ Court and the Children’s Court and announces the cases and calls people into court. He or she helps the magistrate draw up paperwork, swears in witnesses and directs people where to stand. The bench clerk is usually a deputy registrar or trainee registrar.
Court reporter
The court reporter records all the proceedings of the court and produces the official transcripts of court hearings.
Judge
The role of the judge is to conduct trials. The judge ensures that the rules of evidence and procedure are followed and in some instances asks the witnesses questions to clear up points made. In a criminal trial the judge decides on the sanction if a person is found guilty. In a civil trial when there is no jury the judge decides on the outcome of the case. A judge is usually addressed as ‘Your Honour’. Judges are referred to as justices in the Supreme Court and the High Court.
Judicial registrar
These registrars must be qualified to practise law and can hear less complex matters in the Magistrates’ Court, Federal Court and Family Court. Judicial registrars are not judges, but they exercise more power than ordinary registrars.
Judges associate
The judge’s associate sits in front of the judge in the County Court and Supreme Court. He or she performs various administrative and court duties to assist the judge, such as completing paperwork, liaising with parties, keeping a record of court proceedings and taking verdicts.
Magistrate
The Magistrates’ Court is presided over by a magistrate. The magistrate ensures that the rules of evidence and procedure are followed, can ask witnesses questions to clear up points made and decides on the sanction in a criminal case and the civil remedy in a civil case. Magistrates are usually barristers or solicitors who have at least five years’ experience.
Prothronotary
The prothonotary is the chief clerical and administrative officer in the Supreme Court. The prothonotary’s office is the place where court documents are filed, searches of court files are conducted and court fees are paid.
Registrar
The registrar is the manager/administrator of the court. A registrar or deputy registrar (or member of the registry staff) will assist people at a court counter.
Solicitor or duty solicitor
A person with a legal problem will go to see a solicitor. The solicitor will give advice about the law and the person’s rights under the law. If the matter has to go to court, the solicitor will appear in court on behalf of the client (usually only in the Magistrates’ Court) or will instruct a barrister to appear in court on behalf of the client. A duty solicitor, from Legal Aid Victoria, is available at court for anyone who does not have their own solicitor.
Tip staff
The tipstaff announces that the court is in session and administers oaths or affirmations to witnesses in the County Court and Supreme Court. An important duty of the tipstaff is to look after the jury. He or she escorts jury members into the courtroom and into the jury room, and deals with any practical matters for the jury. Sometimes the role of the tipstaff is undertaken by a second associate.
