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LEGAL PERSONNEL. Magistrate Judge Police Prosecutor Director of Public Prosecution (DPP) Public Defenders. MAGISTRATE. This is what we call a judge in a Local Court In TRIALS (for SUMMARY offences ) : 1. The Magistrate makes the decision (guilty/not guilty) AND
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LEGAL PERSONNEL • Magistrate • Judge • Police Prosecutor • Director of Public Prosecution (DPP) • Public Defenders MAGISTRATE • This is what we call a judge in a Local Court • In TRIALS(for SUMMARY offences): • 1. The Magistrate makes the decision (guilty/not guilty) • AND • 2. Decides on the punishment • In ‘COMMITTAL HEARINGS’(for INDICTABLE offences): • The Magistrate decides whether there is a prima facie (“good enough”) case for it to actually go to a proper trial.
LEGAL PERSONNEL • Magistrate • Judge • Police Prosecutor • Director of Public Prosecution (DPP) • Public Defenders JUDGE Makes sure therules of the courtare followed e.g. illegal evidence is not allowed Sums up the casefor the juryat the end of the trial If the defendant is found guilty, the judge decides on the sentence
LEGAL PERSONNEL • Magistrate • Judge • Police Prosecutor • Director of Public Prosecution (DPP) • Public Defenders PROSECUTORS • Represents society. • Tries to provethedefendantis guilty. • TWO TYPES: • ‘POLICE PROSECUTORS’: • - Specially trained police officers • - Usually in the Local Court for less serious cases • 2. ‘DIRECTOR OF PUBLIC PROSECUTIONS’ (the DPP) • - Runs an office of prosecution lawyers • - For more serious cases
LEGAL PERSONNEL • Magistrate • Judge • Police Prosecutor • Director of Public Prosecution (DPP) • Public Defenders DEFENCE LAWYERS Represents the defendant. Tries to create some reasonable doubt that the defendantMIGHT NOTbe guilty.
LEGAL PERSONNEL • Magistrate • Judge • Police Prosecutor • Director of Public Prosecution (DPP) • Public Defenders PUBLIC DEFENDERS • Representdefendants who have been given government assistance. • e.g. Legal Aidcases • e.g. Aboriginal Legal Service cases