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3.3 legal personnel

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  • http://www.attorneygeneral.jus.gov.on.ca/english/justice-ont/criminal_law.asp
  • Transcript

    • 1. LEGAL PERSONNEL
    • 2. Who do you remember from the Preliminary Course? What are their roles in a court case? Participants in a court case
    • 3. 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.
    • 4.  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
    • 5. 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.
    • 6.  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 Prosecutors Director of Public Prosecutions
    • 7. 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.
    • 8.  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
    • 9. PLEAS AND CHARGE NEGOTIATION
    • 10. 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)
    • 11. 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