Magistrates are members of the NSW Police Force with specialised training to conduct prosecutions. For indictable and some summary offences, cases will be prosecuted by the NSW Office of the Director of Public Prosecutions. Solicitors are more likely to represent in Local Courts and Barristers are more inclined in the Higher Courts.
Magistrates are members of the NSW Police Force with specialised training to conduct prosecutions. For indictable and some summary offences, cases will be prosecuted by the NSW Office of the Director of Public Prosecutions. Solicitors are more likely to represent in Local Courts and Barristers are more inclined in the Higher Courts.
Magistrates are members of the NSW Police Force with specialised training to conduct prosecutions. For indictable and some summary offences, cases will be prosecuted by the NSW Office of the Director of Public Prosecutions. Solicitors are more likely to represent in Local Courts and Barristers are more inclined in the Higher Courts.
- Judicial Officers who preside over the intermediate and
superior courts (District and Supreme Courts). - Oversee proceedings, maintain order in the courtroom and ensure the procedures of the court are followed. - Make decisions about points of law and give instructions to the jury to make sure they understand the proceedings and the evidence they are presented. - Judge will hand down sentences and rulings. - May sit without a jury and the judge will determine the verdict. - Preside over hearings in the Local Court. - Specialised magistrates also hear cases in the Childrens Court. - In criminal law, magistrates will hear summary proceedings in the Local Court, as well as indictable offences triable summarily where the accused has consented to the case being heard by a magistrate. - Oversee proceedings and make decision on basis of evidence presented. - Will also determine sentences. - Also conduct committal proceedings for indictable offences to be tried. - Will usually hear bail proceedings. - For summary offences in the Local and Childrens Courts, cases will usually be prosecuted by police prosecutors. - Are members of the NSW Police Force with specialised training to conduct prosecutions. - Handle most summary cases in NSW. - For indictable and some summary offences, cases will be prosecuted by the NSW Office of the Director of Public Prosecutions. - Will also conduct some committal proceedings for indictable offences. - Are an independent authority that prosecutes all serious offences on behalf of the NSW Government. - Are barristers or solicitors. - Prosecute the case using evidence gathered by police. - Ask questions of the witness and draw out the truth. - Reviews cases proposed by the police to determine if there is enough evidence to succeed. - Solicitor will prove advice to the accused. Will also assist in interactions with the police. - May represent the accused in court, or engage a barrister to represent the accused. - Solicitors are more likely to represent in Local Courts and Barristers are more inclined in the Higher Courts. - Barristers provide legal advice for the accused on the likely outcome of the case and to present the case in court. - When an accused cannot afford to pay for a barrister or
solicitor, they may be granted access to a public
defender. These are barristers who appear in serious criminal matters for an accused who has been granted legal aid. - If an accused has been charged with a serious indictable offence and is eligible to receive legal aid, they may be granted a public defender to represent them in court.