The Courts Hierarchy & Jurisdiction 1 1 Gleneagles Secondary College Yr 11 - Legal Studies Chapter 4
Transcript
Slide 1
The Courts Hierarchy & Jurisdiction 1 1 Gleneagles
Secondary College Yr 11 - Legal Studies Chapter 4
Slide 2
2 The court hierarchy is a necessary part of the Doctrine of
Precedent (lawmaking through courts) Because the process of
law-making through courts depends on a decision being made in a
higher court which is binding on lower courts. This enables
individuals and lawyers to predict the likely outcome of a case.
Judges and magistrates can be guided by the wisdom of the more
experienced judges in the higher courts. There are state courts and
federal courts. The state courts deal with issues which arise under
state law. The federal courts deal with disputes which arise under
federal law. 2 Gleneagles Secondary College Yr 11 - Legal Studies
Chapter 4
Slide 3
3 Reasons for Court Hierarchy 1.Specialisation: Affords Judges,
and Magistrates the chance to gain greater skill and expertise in
the particular matters they hear and promotes consistency in
decision making. 2.Administrative Convenience: Efficient use of
resources and personnel. 3.Appeals: The hierarchy allows decisions
of a lower court to be reviewed on appeal, if necessary by a higher
court/authority. 4.Precedent: The use of past decisions to
determine current cases relies heavily on a hierarchical structure.
Usually only higher courts set precedent, to be followed by lower
courts. Reasons for Court Hierarchy 1.Specialisation: Affords
Judges, and Magistrates the chance to gain greater skill and
expertise in the particular matters they hear and promotes
consistency in decision making. 2.Administrative Convenience:
Efficient use of resources and personnel. 3.Appeals: The hierarchy
allows decisions of a lower court to be reviewed on appeal, if
necessary by a higher court/authority. 4.Precedent: The use of past
decisions to determine current cases relies heavily on a
hierarchical structure. Usually only higher courts set precedent,
to be followed by lower courts. 3 Gleneagles Secondary College Yr
11 - Legal Studies Chapter 4
Slide 4
4 Court Hierarchy ~ Criminal Jurisdiction Jurisdiction refers
to the extent of the power of the various courts. Most courts have
the jurisdiction to hear both civil and criminal cases. A civil
case relates to disputes between individuals, in which one person
is claiming that his or her rights have been infringed. A criminal
case relates to an offence against society, such as stealing, and
is between the Crown and an individual. 4 Gleneagles Secondary
College Yr 11 - Legal Studies Chapter 4
Slide 5
5 Magistrates Court (State) All criminal cases come before the
Magistrates Court in their first instance. It is the lowest Court
in the hierarchy but will hear over 90% of all cases before
Victorian Courts The Magistrates Court hears and determines ALL
Summary Offences and Indictable Offences heard summarily. It also
conducts committal proceedings for other indictable offences, that
may be heard at a later date in the County Court or the Supreme
Court. A committal hearing is a hearing to determine whether the
evidence held by the police is of sufficient weight to support a
conviction. If the magistrate decides that there is sufficient
evidence against the accused, the case proceeds to trial. If not,
the accused is released until such time as the police find
additional evidence. It has NO Appellate Jurisdiction 5Gleneagles
Secondary College Yr 11 - Legal Studies Chapter 4
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6 Magistrates Court (State) Summary Offences: Generally
offences of a less serious nature, heard and determined by a
Magistrate. There is no right to a Jury for a Summary Offence.
(e.g. Traffic / DUI / Public Order / Minor Drug Offences)
Indictable Offences heard summarily: More serious offences, where
the accused is entitled to have the charge heard by a Judge and
Jury in a higher Court. Some Indictable Offences are triable
summarily, meaning they can be heard by the Magistrate in the same
way as a Summary Offence. Magistrates can only hear criminal cases
in this way with the consent of the accused. Indictable Offences
that can be dealt with in this way incl: Theft < $25,000 /
Indecent Assault / Theft of a Motor Vehicle 6Gleneagles Secondary
College Yr 11 - Legal Studies Chapter 4
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7 Magistrates Court Specialist Courts Koori Court The Koori
Court, a division of the Magistrates Court, is available in
Shepparton, Warrnambool and Broadmeadows and is only open to
Aboriginal defendants who plead guilty. The court hears criminal
cases (within the jurisdiction of the Magistrates Court) except
those involving sexual offences, domestic violence or a breach of
an intervention order. The court is less formal than the
Magistrates Court, and is conducted in a round table setting. The
Defendant may have the support of a lawyer and a family member. The
magistrate can take advice from Aboriginal elders on cultural
issues and an appropriate sentence. However, the magistrate is the
ultimate decision-maker and uses the same sentencing options as
available in the Magistrates Court. 7 Gleneagles Secondary College
Yr 11 - Legal Studies Chapter 4
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8 Magistrates Court Specialist Courts Drug Court The Drug
Court, deals with offenders who have a drug problem. (Well Duh!) A
magistrate deals with each case with the assistance of a case
manager, community corrections officer, special police prosecutor
and defence lawyer. The court deals with offenders who plead guilty
to a crime committed under the influence of drugs or to support a
drug habit. The crime must not involve a sexual offence or an
assault causing bodily harm. The offence must also be within the
jurisdiction of the Magistrates Court and punishable by
imprisonment. The Drug Court has the power to suspend a term of
imprisonment in favour of a 2 year maximum drug treatment order
(DTO). 8 Gleneagles Secondary College Yr 11 - Legal Studies Chapter
4
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9 Magistrates Court Specialist Courts Family Violence Court The
Family Violence Court is a special division of the Magistrates
Court Operating in Heidelberg and Ballarat. The court uses
specialist magistrates, registrars and trained support staff to
provide an integrated support service for family violence victims.
The court allows witnesses to give evidence by closed-circuit
television or with a person beside them as support. The court can
also order a person to leave the court while a witness gives
evidence. Children can only attend proceedings at the courts
discretion. The court hears all family violence matters within the
jurisdiction of the Magistrates Court. 9 Gleneagles Secondary
College Yr 11 - Legal Studies Chapter 4
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10 Magistrates Court Specialist Courts Neighbourhood Justice
Centre Court A Neighbourhood Justice Centre (NJC) Court has been
established to hear cases arising in the inner city area of Yarra.
It is a multi-jurisdictional court that works in partnership with
the local community to resolve legal issues and to provide support
services. It draws on the work of volunteers and mediators from the
local area. Community representatives helped to select a magistrate
who not only presides over the court but also meets regularly with
the community to keep abreast of local safety concerns or legal
issues. 10 Gleneagles Secondary College Yr 11 - Legal Studies
Chapter 4
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11 Magistrates Court Specialist Courts Neighbourhood Justice
Centre Court The NJC Court is a one-stop court providing a range of
services. Its trained staff can assist people who need drug,
alcohol, mental health, housing, employment, financial, legal and
interpreter services. The NJC Court has the combined jurisdictions
of the criminal and civil divisions of the Magistrates Court, the
Family Violence Court, the criminal division of the Childrens Court
and the Residential Tenancies, Civil Claims and Guardianship lists
of the Victorian Civil and Administrative Tribunal (VCAT). The NJC
Court can also help victims of crime claim compensation from the
Victims of Crime Assistance Tribunal (VOCAT). The NJC Court does
not deal with committal hearings or serious sexual offences. 11
Gleneagles Secondary College Yr 11 - Legal Studies Chapter 4
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12 Magistrates Court Specialist Courts Specialist lists The
Magistrates Court has established specialist lists to streamline
processes and to maximise the expertise of court personnel or
support staff. The specialist lists are generally less formal and
more flexible than traditional courts and are designed to make
participants feel more comfortable. The Sexual Offences List deals
sensitively and fairly with victims of sexual offences and reduces
delays to ensure the matter is dealt with quickly. 12 Gleneagles
Secondary College Yr 11 - Legal Studies Chapter 4
Slide 13
Learning Activity 1 (Page 128) Copy and complete Learning
Activity 1 into work books. Gleneagles Secondary College Yr 11 -
Legal Studies Chapter 413
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14 Magistrates Court (State) Coroners Court (State) The Coroner
(a magistrate), has the power to investigate reportable deaths and
fires (2003 Bushfires). A reportable death includes; The sudden
death of a person. Homicide is suspected, The person was in care
(Aged Care / Ward / Prisoner) The identity of the decedent is
unknown, Death occurred under prescribed circumstances (Anaesthetic
is one), The Attorney-General directs an inquiry be made, The State
Coroner directs an inquiry be made. The Coroner can also advise on
ways to avoid such deaths in the future, how fires can be avoided
in the future, and inform the community of such findings. It has NO
Appellate Jurisdiction 14 Gleneagles Secondary College Yr 11 -
Legal Studies Chapter 4
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15 Magistrates Court (State) Coroners Court (State) Childrens
Court (State) The Childrens Court has the power to hear most cases
involving children charged with criminal offences. It may also hear
cases of young people under 17 considered in need of Care and
Protection. The Court can also hear cases dealing with
Irreconcilable Differences between child and parent, likely to
result in disruption to the young persons care. A child is
identified as anyone; Under the age of 18 at the time of an
offence, and Under the age of 19 at the time the charge is heard.
It has No Appellate Jurisdiction 15 Gleneagles Secondary College Yr
11 - Legal Studies Chapter 4
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16 County Court (State) Magistrates Court (State) Coroners
Court (State) Childrens Court (State) The County Court has both
Original and Appellate jurisdiction. This simply means that it can
hear matters that have not been to Court before, as well as those
matters previously dealt with in the Magistrates Court. 16
Gleneagles Secondary College Yr 11 - Legal Studies Chapter 4
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17 County Court (State) Magistrates Court (State) Coroners
Court (State) Childrens Court (State) Criminal Jurisdiction: All
criminal offences except the most serious such as Murder / Treason
or Attempted Murder. It will in practice deal with the majority of
serious criminal cases. In cases where the accused pleads Not
Guilty the case is heard by a Judge and a Jury of 12. Appeals: The
County Court will hear appeals from the Director of Public
Prosecutions against the leniency of a sentence given, as well as
appeals against conviction or sentence handed down in the
Magistrates Court if it is a criminal matter. 17 Gleneagles
Secondary College Yr 11 - Legal Studies Chapter 4
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18 Supreme Court of Victoria (State) County Court (State)
Magistrates Court (State) Coroners Court (State) Childrens Court
(State) Criminal: The Court will deal with the most serious
criminal cases such as murder and treason. A Judge and a Jury of 12
will hear cases where the accused pleads Not Guilty. It can also
hear matters of public significance. The highest Court in Victoria,
the Supreme Court is divided into two divisions; Criminal &
Court of Appeal: The Court has the power, for both civil and
criminal cases, to hear and determine appeals from the County Court
(1 Judge), and the Trial division of the Supreme Court (3-5
Justices) Appeals dealing with a point of law from the Magistrates
Court will be heard by a single Judge. The highest Court in
Victoria, the Supreme Court is divided into two divisions; Criminal
& Court of Appeal. 18 Gleneagles Secondary College Yr 11 -
Legal Studies Chapter 4
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19 High Court of Australia (Federal) Supreme Court of Victoria
(State) County Court (State) Magistrates Court (State) Coroners
Court (State) Childrens Court (State) Created under the
Constitution, the High Court has the power to hear cases throughout
Australia. It has the jurisdiction to act as; Final Court of Appeal
from State Supreme Courts and Federal Courts. It has the
jurisdiction to act as; Interpreter of the Constitution. This
includes determining the meaning of words, the limits of Federal
and State Govt powers, as well as determining the validity of
Federal and State laws. 19 Gleneagles Secondary College Yr 11 -
Legal Studies Chapter 4
Slide 20
20 Original and Appellate Jurisdiction The courts have original
and appellate jurisdiction. When a court is hearing a dispute for
the first time it is said to be operating in its original
jurisdiction (area of power). When a court is hearing an appeal it
is said to be operating in its appellate jurisdiction. An appeal
allows an individual to take the matter to a higher court to review
the original decision. If it is thought necessary, the appellate
court (the court hearing the appeal) can reverse the original
decision. 20 Gleneagles Secondary College Yr 11 - Legal Studies
Chapter 4
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21 High Court of Australia (Federal) Supreme Court of Victoria
(State) County Court (State) Magistrates Court (State) Coroners
Court (State) Children's Court (State) 21 Gleneagles Secondary
College Yr 11 - Legal Studies Chapter 4
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The Courtroom 22
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The Criminal Trial 23
Slide 24
The Criminal Trial 24 County & Supreme Courts
Slide 25
The Criminal Trial 25 Judge / Justice Referred to as Your
Honour. Normally wears a wig and gown. Their role is to ensure that
the rights of the accused, and witnesses are protected. They make
rulings on points of law pertinent to the case In a Criminal case,
It is the Judge who decides on the ultimate sanction after weighing
the evidence.
Slide 26
The Criminal Trial 26 Judges Associate A personal assistant and
research officer. Chosen and appointed by the Judge. Usually
qualified lawyers, but this is not necessary. They announce the
Charges.
Slide 27
The Criminal Trial 27 Tipstaff Maintains order in the court.
Calls witnesses and attends to the jury. Supreme Court they wear a
formal grey coat, County wear green.
Slide 28
The Criminal Trial 28 Public Seating
Slide 29
The Criminal Trial 29 Crown Prosecutor Barristers present in
open court on behalf of their client. Crown Prosecutors present the
case against the accused on Behalf of the state.
Slide 30
The Criminal Trial 30 Defence Barrister
Slide 31
The Criminal Trial 31 Instructing Solicitors Members of the
Prosecution/Defence team. They provide advice/info to the
Barristers, as it is probably they who have done the majority of
preparation.
Slide 32
The Criminal Trial 32 Witness One with knowledge of the event,
specialist or expert knowledge that may assist. They will be
questioned by both sides. Evidence-In-Chief Cross-Examination
Re-Examination
Slide 33
The Criminal Trial 33 Jury 12 persons selected at random from
the electoral roll. 12 for Criminal trials, although 15 can be
selected for longer
Slide 34
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Slide 35
Procedures for Criminal Procedures 35
Slide 36
36 The Hearing: A hearing is a judicial examination and
determination of a case, reaching a decision in a court of summary
jurisdiction (that is, the Magistrates Court). The hearing does not
itself determine guilt, rather than the fitness of the accused to
face trial, and the suitability of the charges, or jus veritas of
the charges against the accused. (i.e. Is there a prima facie
case)
Slide 37
37 Mention hearing A person who has been charged with a summary
offence or an indictable offence that can be heard summarily will
be brought before the Magistrates Court for a mention hearing. The
defendant can choose to enter no plea or can indicate how he or she
will plead, guilty or not guilty. If the defendant is pleading
guilty, the matter may be dealt with immediately, or adjourned
until later for a plea of guilty hearing, depending on the number
of witnesses to be called and the time it is likely to take. If the
defendant is pleading not guilty, or enters no plea, the case is
postponed to a full contested hearing date.
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38
Slide 39
39 The Hearing: If a defendant indicates prior to the mention
day that he or she intends to plead not guilty the matter goes
straight to a contest mention hearing. The parties are called
together and asked to discuss issues relevant to the case and to
Inform the court of the number of witnesses to be called. The
prosecution will indicate the strength of their case against the
defendant. The defendant may at this stage decide to change his/her
mind and enter a plea of guilty. Under the Sentencing Act,
sentences are discounted if a person pleads guilty. If the
defendant continues to plead not guilty the matter is sent to a
full contested hearing.
Slide 40
40 The Hearing: Uncontested hearings in the Magistrates Court
In most cases the defendant pleads guilty. If this is the case, the
main witness for the prosecution may outline the evidence against
the defendant. Character witnesses may be called on behalf of the
defendant and the magistrate decides on a sentence. In some cases
the parties may agree to have the case dealt with through a
diversion program.
Slide 41
41 The Hearing: Contested hearings in the Magistrates Court
Cases which are brought before the Magistrates Court are known as
full contested hearings. These occur when the defendant pleads not
guilty. the case is called and appearances are entered The case
begins with the calling-on of the case when the defendants name is
called and the prosecutor announces that s/he appears on behalf of
the informant. The defendants legal representative announces that
s/he appears on behalf of the defendant. the charges are read and a
plea is entered The offences with which the defendant has been
charged are read out from the charge sheet. The defendant is asked,
How do you plead, guilty or not guilty?. The defendants response is
entered in the court records.
Slide 42
42 The Hearing: Contested hearings in the Magistrates Court all
witnesses are asked to leave the court The defendant remains, and
members of the public, who are not participating in the hearing,
can stay. the prosecution calls its witnesses Each witness is sworn
in, this involves the witness swearing an oath, or making an
affirmation if the witness does not hold religious beliefs, being
examined-in-chief (by the prosecutor, to adduce evidence ),
cross-examined (by the defendants solicitor) and re-examined (by
the prosecutor).
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44 The Hearing: No case to answer After the prosecution has
presented their case the defendant can submit to the court that
there is no case to answer because the prosecution did not
establish a prima facie case. If the court does not accept the
submission the defence presents their case. The defence calls its
witnesses Each witness is sworn in, examined-in chief (by the
defendants solicitor), cross-examined (by the prosecutor) and
re-examined (by the defendants lawyer). The defendant can choose to
give sworn evidence and be cross-examined, or remain silent.
Slide 45
45 The Hearing: Final addresses are made The prosecutor and the
defendants lawyer address the court, making submissions on
questions of law. The magistrate states whether the case is proven
(decides whether the defendant is guilty or not guilty) If not
guilty the defendant is free to go (unless s/he is in custody for
another offence). If the defendant is found guilty, sentencing
follows. The defendants record is disclosed The defendant stands
while any prior convictions are read out.
Slide 46
46 The Hearing: A plea in mitigation of sentence is made The
defendants lawyer will make a plea as to the appropriate sentence.
Sometimes witnesses are called during pre-sentencing to give
evidence of the good character of the defendant. Character
references may also be submitted to the court. The magistrate
sentences the defendant The magistrate announces the penalty, and
if appropriate makes other orders such as restitution to a victim
(paying the cost of repairing damage caused by the defendant).
Slide 47
47 The Trial: All criminal cases to be heard in the County
Court and Supreme Court are known as trials. There are a number of
pre-trial procedures, such as a committal hearing, which take place
before a case goes to trial.
Slide 48
48 The Trial: Criminal procedures in the County Court and
Supreme Court are known as trials. Before a matter goes to trial in
the County Court or Supreme Court, a committal proceeding has
usually taken place and the Office of Public Prosecutions (OPP) has
issued a presentment. An accused person can request that the
director of public prosecution (DPP) omit the committal proceeding,
but this is unusual. If the accused is pleading not guilty in the
County Court or Supreme Court the procedure is as follows.
Slide 49
49 The Trial: The case is called and appearances are entered
The prosecutor (barrister acting on behalf of the OPP) announces
that s/he appears on behalf of the Crown. The defence counsel
(accuseds barrister) announces that s/he appears on behalf of the
accused. The accused is arraigned (arraignment) The name of the
accused called out and the charges in the presentment are read out.
The accused is asked to plead guilty or not guilty. If the accused
pleads not guilty the trial proceeds. If the accused pleads guilty,
the prosecution presents a summary of the evidence, prior
convictions are read out and a sentence is decided.
Slide 50
50 The Trial: A jury is empanelled The jury is chosen from a
pool of jurors. In criminal cases there are 12 jurors, although up
to 15 jurors may be empanelled for any reason that appears to the
court to be good and sufficient. This allows the trial to proceed
if jurors become ill or die (a trial can continue if a jury reduces
to 10; any lower, and a retrial must be ordered). Opening addresses
are made The prosecutor gives an opening address telling the jurors
what the case is about, and refers to important witnesses and
evidence. The defence replies to the prosecutors opening address.
The defence counsel has the right to reply to the opening speech of
the prosecutor to outline issues in the trial and indicate briefly
the facts, and the inferences which can be made from those facts,
that are not contested.
Slide 51
51 The Trial: The judge addresses the jury The presiding judge
must address the jury on the issues in the trial and the relevance
of any admissions made, directions given or matters decided during
the directions hearings. The prosecutor calls the crown witnesses
Each witness is sworn in (this involves the witness swearing an
oath, or making an affirmation if the witness does not hold
religious beliefs), being examined-in-chief (by the prosecutor),
cross-examined (by the defence counsel) and re-examined (by the
prosecutor). A no-case submission may be made If the defence
counsel feels that the prosecution has not proved the guilt of the
accused, s/he can submit to the court that there is no case to
answer. If this is accepted by the court, the charge is dismissed;
if not, the case proceeds.
Slide 52
52 The Trial: Defence counsel calls witnesses Each witness is
sworn in, examination in- chief (by defence counsel),
cross-examined (by the prosecutor) and re-examined (by defence
counsel). The accused can choose to give sworn evidence and be
cross-examined, or remain silent. Evidence in reply may be called
The court may allow the prosecutor to call evidence in reply to
evidence given by the defence that could not reasonably have been
foreseen by the prosecutor from the defence response given before
the trial. Closing addresses are made The prosecutor and the
defence counsel address the court with closing speeches. The
prosecutor addresses the court first. Both counsel explain to the
jury the important parts of the evidence that support their case.
They also address the judge on the relevant points of law.
Slide 53
53 The Trial: The judge sums up and directs the jury The trial
judge sums up, explaining the relevant points of law to the jurors.
The explanation includes the burden of proof, the standard of proof
and the main points relating to the offence. If the trial judge
believes that there is insufficient evidence against the accused
for a jury to return a guilty verdict, s/he can direct the jury to
acquit the accused. The jury does not have to follow this direction
(although in practice the jury does follow it). The judge cannot
direct the jury to find a verdict of guilty. A judge may set aside
a jury verdict if it is manifestly unsafe at law, and find
otherwise on the basis of the evidence before the court.
Slide 54
54 The Trial: The jury retires to consider its verdict The
jurors go into the jury room. They may request copies of various
documents to assist them in their deliberations. The jury must:
discuss all the evidence decide on questions of fact, that is
whether they believe the accused is guilty or not guilty according
to the evidence apply the law reach a verdict. The jury gives its
verdict If the accused is found not guilty, he or she is free to
leave the court, and cannot be tried again for the same offence
(double jeopardy rule). If the accused is found guilty, prior
convictions are heard. Prior to sentencing, a plea for leniency may
be made and character witnesses may be called. Sentencing The trial
judge passes sentence.
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The Adversary System 55
Slide 56
56 The Westminster system utilises an ADVERSARIAL concept Two
sides (civil or criminal) battle to determine who wins. Criminal:
Prosecution win = Guilty Verdict Defence win = Not Guilty Verdict
Civil: Prosecution win = Plaintiff wins Defence win = Defendant
wins
Slide 57
57 Party Control: Each side has control of their case.
Following rules of evidence, each side can decide; how to
invesitagte/present the facts how many witnessess are required what
sort of evidence to present the need for legal representation, and
methods to be used to adduce evidence
Slide 58
58 Role of the Judge: An impartial adjudicator, Present to
control the case and rule on points of law. Ensure fair treatment
for both parties
Slide 59
59 Rules of evidence and procedure: Only evidence relevant to
the case may be presented. Prior convictions are not heard until
sentencing as they may bias the Court. Propensity evidence may be
allowed under some circumstances if it can be shown that the
accused has a propensity for a similar offence. Hearing evidence
Examination in Chief ~ Questioning of own witness Cross Esamination
~ Demonstrate flaws in opposition case Re-Examination ~ Clarify
points from the cross
Slide 60
60 Equal representation: If the system is to work effectively,
both sides must have equal (or close to) representation. If there
is an imbalance the side with the most skilled/experienced
representation may out due to the lack of skills in their opponent.
Appeals can be used to address this imbalance but are very
costly
Slide 61
61 Advantages: Truth should emerge through skillful questioning
Reliant on oral evidence Parties in control of their own case
Impartial decision makers
Slide 62
62 Disadvantages: Unequal representation Truth may not emerge
Oral evidence is flawed (understanding/language) High Cost Legal
expertise of Judges is under utlised
Slide 63
63 Advantages: Truth should emerge through skillful questioning
Reliant on oral evidence Parties in control of their own case
Impartial decision makers
Slide 64
64 The Jury System: Our legal system is predicated on the
concept of both Trial By Jury and Trial By Ones Peers
Slide 65
65 The Jury System: Juries are used in the original
jurisdiction of both County and Supreme Courts NOT PART of the
Magistrates Courts. NOT USED in appeals Compulsory composition of
12 in criminal cases where the accused pleads Not Guilty
Slide 66
66 The Jury System: A criminal jury MUST try for a unanimous
verdict!! If not a majority decision for crimes other than
Commonwealth offences, Treason or Murder. A majority is 11 of 12 A
hung jury occurs if the majority can not be made. This means
neither Guilt or Innocence and the accused can be retied later
Slide 67
67 The Jury System: The finding of guilt must be BEYOND
REASONABLE DOUBT If a juror has any doubt, no matter how small,
they MUST determine the accused NOT GUILTY
Slide 68
68 The Jury System: In Civil cases a jury of six can be used,
but is optional. Either side can choose to empannel a jury. A civil
jury can reach a majority verdict of 5 to 1. Civil cases are
determined on the Balance of Probabilities
Slide 69
69 The Jury System: Ineligible - prospective juror can not
understand the task or because of their occupation (law or related)
Disqualified prisoners of more than three years, or having been
goaled for 3 mths + in the last five years. Undischarged bankrupts
Excused See Pge 133