Court Function, Procedure and Layout Flashcards
Explain the function of the District Court:
It is a function of the courts to decide on guilt or innocence and to impose appropriate punishment when necessary.
The District Court hears and decides on category 1, 2 and 3 offences.
o Cat 1: Fine only
o Cat 2: Imprisonment less than 2yrs or community based sentence or a fine (or both)
o Cat 3: Imprisonment 2yrs or more, with the right to elect trial by Jury.
Outline the process for charges filed in the District Court:
The defendant is notified of the charge(s) and court appearance through the arrest, police bail, or police summons process.
The prosecution file is prepared, suitability for diversion considered and the file is reviewed by a supervisor.
A charging document is filed within the required timeframes.
Explain the function of the High Court:
It is a function of the courts to decide on guilt or innocence and to impose appropriate punishment when necessary.
In the High Court, a judge and jury hear evidence of charges of the most serious nature (category 4 offences).
o Cat 4: Must be tried by High Court jury (murder etc)
The High Court Judges also hear appeals on decisions made in the District Court.
Outline the process that occurs when a not-guilty plea is entered in the District Court:
The Police Prosecution service (or the Crown) will undertake a thorough file analysis on every file after a not guilty plea has been entered.
The analysis will determine whether there is sufficient evidence to meet the test for prosecution in the Solicitor General’s Prosecution Guidelines.
The Prosecutor will send a NIA tasking to the OC about matters needed in preparation for the Case Management Memorandum (CMM), full disclosure obligations and any remedial action needed for evidential sufficiency.
The file is reviewed by a prosecutor, and the OC case is notified of the CMM process and his/her input and further action is requested if required. The CMM meeting or other contact is held out of court between the defence lawyer and the prosecutor.
The case review hearing is held in court, or completed administratively by a Registrar if the CMM indicates that formal hearing is not required. The Court, or Registrar if a hearing is not required, may then adjourn the matter for sentencing, sentence indication, pre-trial applications or trail.
Define the following terms: o Election o Remanded o Adjournment o Convicted
Election: Where the defendant is charged with a Cat 3 offence, the defendant is given an election; that is, a choice – Tried by Judge and jury or dealt with by the court.
Remanded: The matter is set down for another date but the defendant is either:
o Remanded on bail with terms attached; that is, reporting clauses, or
o Remanded in custody.
Adjournment: The matter is set down for another date, at which time the defendant is expected to be there.
Convicted: Conviction is entered on the court records.
Name the various officials and persons who may be present in the Distrct Court and briefly explain their role:
The Judge:
Overall responsibility of the court
Decides on questions of law and forms an opinion of guilt according to the weight of facts received from witnesses etc.
The Registrar: Reads out charges to the court Assists the Judge in admin matters. Labels and numbers exhibits On occasions, swears in witnesses.
The Prosecutor (Usually a Police SGT in a District Court): Presents the prosecution case to the court. Cross-examines witnesses produced by the defence.
The Defence Council:
Presents the defence case to the court.
Cross-examines witnesses produced by the prosecution.
Speaks to court on behalf of the defendant in certain cases.
The Witness:
Relates to the court the facts as they seem them about the facts in issue.
The Court Orderly:
Is responsible for the discipline of the court.
Swears in witnesses in some courts.
Assists the prosecutor and defence council as required.
The Defendant:
Is the subject of the proceedings.
Is not required to do anything but listen, if that is the defendant’s wish.
Is not compelled to give evidence.
Will accept the decision of the court, unless there is an appeal.
The Public:
Are permitted to be in the court room, but may be excluded on the direction of the judge for various reasons.
The Media:
Are supplied with copy of the information.
Record details of the case that are not suppressed, for public information.
Court Officials: Call defendants. Call witnesses. Pass papers and the like to the Judge. Swear in witnesses, in some courts.
Welfare Officers include: Maori Welfare Officers. Salvation Army personnel. Clergy. Alcohol Assistance Programme officers.
