FL01- Court Function, Procedure And Layout

Question 1

What offences are dealt with in the District Court?

Answer 1

Category 1, 2 and 3

Question 2

What offences are dealt with in the High Court?

Answer 2

Category 4 offences + Appeals from the district court.

Some Category 3 cases.

Question 3

What are the 4 categories of offences?

Answer 3

Category 1 - Fine only
Category 2 - Imprisonment less than 2 years, community based sentence and/or fine.
Category 3 - Imprisonment for two years or more. Right to elect trial by jury in high court.
Category 4 - Offences trialled by high court jury. E.g murder

Question 4

What is a judicial officer?

Answer 4

An umbrella terms used for a high court judge, district court judge, a community magistrate, or a justice of the peace.

Question 5

What is a Judge- alone trial?

Answer 5

A trial presided over by a judicial officer without a jury.

Question 6

What is a jury trial?

Answer 6

A trial presided over by a judicial officer and a jury.

Question 7

What does PPS mean?

Answer 7

Police Prosecution Service

Question 8

What does CMM Mean?

What is their role?

Answer 8

Case Management Memorandum

Trial scheduling, paperwork/filing etc.

Question 9

Who is a file analysis completed by? And why?

Answer 9

Police Prosecution Service.

When a non-guilty plea is entered every file has to go through file analysis.

Question 10

What is the purpose of a case review hearing?

Answer 10

Held before a judge before a trial, opportunity to change plea or any other issues that may arise prior to trial.

Question 11

What is an election?

Answer 11

Category 3 defendant gets to decide whether they stay in a district court, or go before a judge and jury.

Question 12

What is the meaning of ‘convicted’?

Answer 12

Conviction is entered on court records.

Question 13

Adjournment meaning?

Answer 13

Set for another date

Question 14

What does it mean to be ‘remanded’?

Answer 14

Set for another date, however the defendant is remanded on bail/in custody.

Question 15

What does it mean to be ‘remanded at large’?

Answer 15

Defendant is allowed to go on adjournment, without bail.

Question 16

What is the meaning of ‘recess’?

Answer 16

Court takes a break e.g for lunch

Question 17

What does it mean to “Swear witness”

Answer 17

Witnesses swear on the bible to tell the truth when giving evidence

Question 18

What does it mean to give “Affirmation”?

Answer 18

A promise to the court to tell the truth when giving evidence.

Question 19

What are the 5 procedural stages in the criminal prosecution process?

Answer 19

1) Commencement
2) Administration
3) Review
4) Trial and
5) Disposition

Question 20

What is the judges responsibility?

Answer 20

1) Overall responsibility of the court

2) Decides on the questions of law and forms an opinion of guilt, according to the weight of facts.

Question 21

Who’s job is it too:

1) Read out the charges to the court
2) Assist the judge in administration
3) Labels and numbers the exhibits
4) Swears in Witnesses

Answer 21

The Registrar of the court.

Question 22

What is the prosecutor’s role in court?

Answer 22

1) Presents prosecution case

2) Cross examines witnesses provided by the defence

Question 23

What is the role of the defence counsel?

Answer 23

1) Presents defence case to court
2) Cross-examines the prosecutions witnesses.
3) Speaks to the court on behalf of the defendant.

Question 24

What is the witnesses role?

Answer 24

State the facts as they seem the about the facts in the issue.

Question 25

Who is responsible for the discipline of the court?

Answer 25

Court Orderly

Question 26

What is the defendants role in court?

Answer 26

1) Subject to the proceedings
2) Is not compelled to give evidence
3) Not required to do anything but listen, if they wish.
4) Will accept the decision of the court, unless there is an appeal.

Question 27

When is the public not allowed to be in a court room?

Answer 27

When excluded under direction of the judge.

Question 28

What is the media’s role in the court room?

Answer 28

1) . Supplied a copy of the information

2) Record details of the case, that are not suppressed, for public information

Question 29

What is the role consists of:

1) Call defendant
2) Call witnesses
3) Pass papers etc. to judge
4) Swear in witnesses

Answer 29

Court Attendants

Question 30

What are the 4 welfare officers in court?

Answer 30

• Maori Welfare Officers
• Salvation Army Personnel
• Clergy
• Alcohol assistance programme officers