Roles and Responsibilities in the Courtroom
Roles and Responsibilities in the Courtroom | |
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Role of Key Personnel in the Courtroom
Appointment Role and Powers of Judges | |
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The jury system provides the opportunity for community participation in the legal process, and for the law to be applied according to community standards.
A jury is never used in the Magistrates’ Court, in appeal cases or when the accused pleads guilty, and is optional in civil cases.
In both civil and criminal trials, the jury is the decider of the facts. In other words, it makes a decision about which facts it believes to be true.
https://www.courts.vic.gov.au/jury-service
A jury is never used in the Magistrates’ Court, in appeal cases or when the accused pleads guilty, and is optional in civil cases.
In both civil and criminal trials, the jury is the decider of the facts. In other words, it makes a decision about which facts it believes to be true.
https://www.courts.vic.gov.au/jury-service
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What if my client is guilty, and I know it?
Did you know that there are special rules that barristers must follow in relation to criminal cases? These rules are contained in the Legal Professional Uniform Conduct (Barristers) Rules 2015.
In particular, rule 80 states that where an accused person has confessed guilt to the barrister, but insists that they continue to plead not guilty, then the barrister:
If the accused insists on giving evidence denying guilt or asserting that he or she is innocent, then the barrister must not continue to act. This is because this would be inconsistent with what the client has told the barrister, and the barrister still has a duty to the law and to the court. The barrister cannot lie to the court.
Did you know that there are special rules that barristers must follow in relation to criminal cases? These rules are contained in the Legal Professional Uniform Conduct (Barristers) Rules 2015.
In particular, rule 80 states that where an accused person has confessed guilt to the barrister, but insists that they continue to plead not guilty, then the barrister:
- should continue to act for the accused
- must not falsely suggest that another person committed the offence (this is because the barrister has been told by the accused that he/she did it)
- must not set up a case or defence which is inconsistent with the confession.
If the accused insists on giving evidence denying guilt or asserting that he or she is innocent, then the barrister must not continue to act. This is because this would be inconsistent with what the client has told the barrister, and the barrister still has a duty to the law and to the court. The barrister cannot lie to the court.
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