LEGAL PERSONNEL

Who do you remember from the Preliminary Course?

What are their roles in a court case?

Participants in a court case

Presiding Officers

Judges and magistrates interpret the law, assess the evidence presented, and control how trials unfold in their courtrooms. They are impartial decision-makers in the pursuit of justice. In order to become a judge or magistrate, you must be a qualified professional with years of experience in the law.

Sit in intermediate and superior courts

Oversee proceedings, maintain order, ensure court procedures are followed

Ensure jury understand evidence and points of law

If no jury, will make a judgement based on the evidence presented

Hand down sentences

Sit in local court (or children’s court)

Oversee proceedings Make a judgement based

on the evidence presented

Hand down sentences Hold committal hearings

for indictable offences Hear bail hearings

Judges Magistrates

Prosecutors

In criminal trials, the Crown (or state) is represented by a prosecutor. It’s the prosecutor’s role to present the case against an offender to the court and to argue for an appropriate punishment.

Prosecute summary offences in the Local and Children’s Court

Solicitors, with experience in the police force

Present evidence gathered by the police

Prosecute indictable and some summary offences

Barristers or solicitors Present evidence

gathered by the police and question witnesses on the stand

Only prosecute cases “in the public interest” – must not be influenced by public or government pressure

Police ProsecutorsDirector of Public Prosecutions

Legal Representatives

Everyone appearing in court in Australia has the right to be represented by legal council. Legal representatives can also give legal advice outside of a courtroom.

Accused who can not afford to hire their own legal representative may be entitled to a public defender.

The accused will contact a solicitor, who can give legal advice (including possible defences, likelihood of conviction and sentence)

Solicitors can represent the accused in Local Court, and will assist Barristers in higher courts

Barristers are hired by solicitors to represent the accused in higher courts

Barristers, employed by (but independent of) the government

Represent the accused in a serious criminal case, where the accused is entitled to receive Legal Aid

Solicitors and Barristers Public Defenders

PLEAS AND CHARGE NEGOTIATION

Definitions:

A formal statement of guilt or innocence

An agreement between the DPP and the accused that involves acceptance of a guilty plea, usually in exchange for something else.

Plea Charge negotiation (aka plea bargaining)

Critically Analyse

Do some research to flesh out your table.

See P53 of your textbook, but also look for news stories from around 2008-2010, when there was a great deal of debate in NSW. (Try the SMH)

Create a table which shows the advantages and the disadvantages of charge bargaining.

Criteria might include: Resource efficiency (people, money,

time) Role of discretion Rights of victims Rights of the accused Community expectations The extent to which justice is achieved