Court Structure Flashcards
(21 cards)
What is the function of district court
Hears and decides on category 1-4
District court - category 1
Fine only eg fighting
District court - category 2
Imprisonment less than 2 years or those punishable by a community based sentence or a fine (or both) eg intentional damage
District court category 3
Imprisonment for two years or more, with the right to elect trial by jury
District court category 4
Offences that must be tried by a high court
High court
A judge and jury hear evidence of charges of the most serious nature
(cat 4) eg murder
Election
Where the defendant is charged with category 3 offence, the defendant is given an election; that is, a choice
Remanded
The matter is set down for another date, but defendant is remanded on bail with terms attached. Remanded in custody
Adjournment
The matter is set down for another date, but defendant is expected to be there.
Convicted
Entered on court records
The judge
Overall responsibility of the court.
Decides on questions of the law and forms opinions of guilt according to weight of facts
The registrar
Reads out charges to court, assists the judge in administrative matters, labels and number exhibits, on occasion swears on witnesses
The prosecutor
In district court usually police Sargeant.
Presents the prosecution case to the court. Cross-examines witnesses produced by prosecution, speaks to court on behalf of the defendant in certain cases
The defence counsel
Presents the defence case to court.
Cross-examines witnesses produced by the prosecution. Speaks to court on behalf of defendant in certain cases
The witness
Relates to the court the facts as they see them about the facts in issue
The Court orderly
Responsible for discipline in court. Swears in witnesses in some court. Assists prosecutor and defence counsel as required
The defendant
Subject of proceedings, not required to do anything but listen, is not compelled to give evidence, will accept the decision of the court, unless there is an appeal.
The public
Permitted to be in the court room, but maybe excluded on the direction of the judge for various reasons.
The media
Supplied with a copy of information, record details of the case that are not suppressed, for public information
Court attendance
Call defendants, call witness, pass papers and the like to the judge, swear in witnesses, in some courts
Welfare officers
Māori welfare officers, salvation army personnel, clergy, Alcohol assistance programme officers
