This document outlines the various legal personnel involved in a court case. It discusses the roles of judges and magistrates as impartial decision makers who oversee court proceedings. It describes prosecutors as representing the state/Crown and presenting evidence against offenders. It also describes the roles of solicitors and barristers in representing the accused, as well as public defenders who can represent those who cannot afford legal counsel.

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