Court Structure

Question 1

Name the four courts in order of hierarchy

Answer 1

1. Supreme Court
2. Court of Appeal
3. High Court
4. District Court and Family Court, Youth court

Question 2

Name the four category of offences and which court they are tried.

Answer 2

Category one offences - fine only - District Court

Category two offences - less than two years imprisonment/community service - District Court

Category three offences - more than two years imprisonment or trial by jury elect - District Court

Category four offences - serious crimes - High Court

Question 3

What happens when a not guilty plea is entered in the district court.

Answer 3

Category 1 offence - judge only trial

Category two to four offences - case management memorandum - a document completed by the defence and prosecution outlying details of the trial.

Question 4

Roles of people in the district court

1. The Judge
2. The Registrar
3. The Prosecutor
4. the Defence Counsel
5. the witness
6. the court orderly
7. the defendant
8. court attendants

Answer 4

1. has overall responsibility of the court and decides on questions of law and forms an opinion of guilt.
2. reads out charges to the court and labels and numbers exhibits.
3. presents the prosecution case to the court, usually a Police Sergeant.
4. presents the defence case to the court and represents the defendant.
5. Relates to the court the facts as they see them about the issue.
6. Responsible for the discipline in the court
7. subject of proceedings, not required to do anything but listen.
8. call defendants and witnesses, swear in witnesses, pass papers to the judge.

Question 5

Define the following court terms

1. PPS
2. CMM
3. Adjournment
4. Election
5. Remanded
6. Convicted

Answer 5

1. Police prosecution service - the prosecution team.
2. Case management memorandum - document prepared for the court jointly by the defence and prosecution.
3. The matter is set down for another date, i which the defendant is expected to be there.
4. when the defendant is charged with a category 3 offence, they can choose between being tried by judge or jury.
5. matter is set down for another date but the defendant can be remanded in custody or remanded on bail with conditions.
6. conviction is entered on the court records.

Question 6

What are the 5 stages of the Criminal Prosecution Process?

Answer 6

1. Commencement - the defendant is notified of charges and court appearance through arrest, bail or summons. Charging document is filed.
2. Administration - the initial appearance of the defendant in court. received initial disclosure, seeks legal advice and enters plea.
3. Review - following a not guilty plea, dates are set for a case review hearing for filing a CMM. Prosecution prepares case files for the CMM and ensures full disclosure has been provided before the CMM.
4. Trial - A judge alone or jury trial of the defendant where the prosecution attempts or prove guilt and the defence counsel proves innocence.
5. Disposition - the completion of the prosecution. can be mental impairment, conviction, dismissal, withdrawal of charges, sentence, appeal.