The role of the judge, magistrate, jury and parties

Question 1

what is the role of the judge and magistrate

Answer 1

main roles of judges and magistrates:
- act impartially
- manage the trial or hearing/make sure all procedures are followed
- sentence an offender
- ONLY a Magistrate delivers a verdict

Question 2

what is the role of the jury

Answer 2

In a criminal trial, the jury has the following roles:
- be objective
- listen and remember the evidence
- understand directions and summing up
- deliver a verdict

Question 3

What is the role of the prosecution

Answer 3

Prosecution:
The prosecution holds the burden of proof so they must prove to the jury or magistrate beyond reasonable doubt that the accused is guilty and let them decide on guilt.
Main roles of prosecution:
- Disclose information to the accused
- Participate in the trial or hearing
- Make submissions about sentencing

Question 4

What is the role of the accused

Answer 4

The role of the accused is different to that of the prosecution as they do not have the burden of proof and can choose to remain silent the entire time.
Main roles of the accused:
- Participate in the trial or hearing
- Make submissions about sentencing
If the accused is represented by lawyers, the lawyers will perform these roles