New South Wales Court of Criminal Appeal

Transcription

ok ok We are the magistrates and we hear all the evidence in the case and decide whether the defendant is guilty or not guilty. It is for the prosecution to prove their case beyond all reasonable doubt otherwise we will dismiss it. Traditionally there are three magistrates. I'm the chair and will decide the case with my two colleagues If my two colleages can't agree I will have the deciding vote occasionally we may have to sit as a pair and then decide the case between us Although we've had some training, we are not legal professionals and we are not paid. Magistrates hear all summary offences within their jurisdiction. They can also hear triable either way offences where the defendant has agreed that this can be case. If we believe that a trial is too serious we can refer the case up to the crown court . Even after we have heard a case we can refer that case to the crown court if we believe that our sentencing powers are not sufficient. I'm the legal adviser to the justices although you make still hear me referred to as the clerk of the court or the magistrates clerk and I am legally trained. My job is to ensure that everything runs properly and all the proper procedures are followed I'll ask a defendant to enter a plea and I will ask witnesses to identify themselves. I will advise the magistrates on legal matters and I will ensure that only admissible evidence is put before the court. If a defendant is unrepresented, I will advise them to ensure they get a fair trial I'm the Usher and I ensure that all witnesses have answered their summons I'll fetch witnesses in when they're called and administer the oath or affirmation when the witness is giving evidence I'll pass exhibits around the court. I can even fetch a glass of water for someone if they are thirsty. You'll hear me say all rise on the prosecutors mister doctors and prosecution caps there are three things that I was proved to the satisfaction of the court firstly the offenses being committed secondly that the defendant has committed the offence lastly that all the evidence has been gathered in accordance with the correct evidence gathered procedures fell to do any of those things and the defendant is entitled to an acquittal ok I will ask questions prosecution witnesses to enable them to give evidence kind of us leading questions will suggest answers obviously I can only present evidence that has been gathered help if there is a case to answer and the defense call witnesses that I can cross examine those witnesses remember the prosecutors are only as good as the evidence they'll skip up photos miss la rollet interests Moncler I can challenge evidence is not been gathered family in accordance with the Police and Criminal Evidence Act 1984 and have the evidence excluded if if so required if you fat for exercise your house correctly can account adequately for all your actions initially little for me to challenge remember it's not for the defense to win the case for the prosecution's lose ok