Key parties in a criminal trial

Key parties in a criminal trial

Need to know:

• Judge or Magistrate

• Jury

• Parties

• Legal Representatives

Judge

• An impartial judge - should recuse if not. 

• Mange the trial, including giving directions

• They can ask some clarifying questions, and give a bit of guidance to self represented parties about procedure, but cannot help the party run their case. 

• Decide on admissibility of evidence. 

• Mange and advise the jury, including directions before deliberation. 

• Hand down sentence. 

• Can order VLA provide representation.

Jury

• Upholds the notion of ‘trial by peers’. The idea being that you should be judged by ‘regular people’. 

• Unanimous 12 - hard to achieve. 

• Decider of the facts (as opposed to the law).

• Should be objective, ie. should not have prejudged the case. Knowing about the case or the parties would be grounds for excuse. 

• Listen to and consider all the evidence.

• Understand directions of the judge.

• Deliver a verdict.

Parties

• Give an opening address. Prosecution first, defence last word. 

• Assist the judge in jury matters, such as challenges or directions to the jury. 

• Present the party’s case.

• Give a closing address. Prosecution first, defence last word. 

• Make submissions on sentencing. 

Legal practitioners

• Primary duty is to the court, not their client. They cannot for example, knowingly lead false evidence, allow witnesses to lie etc. 

• Must be prepared and familiar with the case. 

• Present the case in the best light possible. 

• Advise their client on the law and the conduct of the case. 

• Bloody expensive but proceeding without is extremely daunting.