The Criminal Trial Procedure Essay

Year 12 Legal Studies Criminal offense Portfolio

Criminal offenses:

The Legal Trial Method

1 . Explain the position of the courts in the Felony Justice Process: (300 – 400 Words)

Once a formal charge have been laid against a person, a hearing or trial of the falsely accused will need to take place in an appropriate court docket. There are many courts that have legal system to hear lawbreaker offences. The ideal court for the matter being heard is determined by a number of problems this includes: The seriousness from the matter, in particular whether that involves an overview offence or perhaps an indictable offence Whether or not the matter is being heard for the first time or if it involves an appeal The nature of the offence – some process of law or partitions within process of law will have authority to hear particular types of offences. Age the falsely accused, particularly where accused is known as a child or perhaps young person underneath 18. The kind of hearing – whether it's a bail ability to hear or a make hearting/trial. If the alleged offense is an offence below state rules or national law.

The situation will then be observed at the ideal place inside the court pecking order. This identifies a system of courts, including lower legal courts – these courts package will significantly less serious accidents such as summary offences, to intermediate and high process of law – these courts cope with more serious accidents as well as is of interest that come through the lower court docket.

Each court has its jurisdiction or area over which it has authority to hear matters. Minor issues such as summary offences happen to be dealt with reduced the court docket hierarchy; the bigger courts are reserved for much more serious matters, indictable offences and appeals from the lower legal courts. The expert for a the courtroom to hear a matter for the first time is called Original Legal system. The expert to review matters on appeal from one more court is referred to as the Appellate Jurisdiction

Lower Courts:

Regional Courts:

The area court may be the first stage of require most criminal matters in NSW. Additionally, it has jurisdiction to hear detrimental law concerns up to the value of hundred buck, 000 The neighborhood court offers jurisdiction to deal with summary accidents and performs committal process (where a magistrate can determine if there is enough evidence for a case to proceed to trial in a higher court). Within a local court there is no court.

Local issues are attempted solely before a magistrate.

Local courtroom is exactly where bail hearings are usually observed and in which committal proceeding, a magistrate will listen to the prosecutions evidence and determine be it sufficient to compliment conviction with a jury.

Coroners Court:

Coroner's court is a local court docket that discounts specifically with the cause and manner of a person's death and with fires and explosions where real estate has been damaged or a person has been hurt. The part of a coroner is to identify the id of the dearly departed and the day, place, method and medical cause of fatality. The Coroner's court may investigate disappearances, deaths where a medical license has not been given, or deaths that occur in unusual or perhaps suspicious situations, such as fatalities occurring: Within a violent or perhaps unnatural approach

Suddenly and with unfamiliar cause

Following an accident (up to one yr and 1 day) that may have contributed to the death In a law enforcement custody or stuck in a job prison/detention Hub.

While obtaining care or perhaps medical treatment, or within one day of government of an anesthetic.

Children's Courtroom:

Children's Courtroom deals with concerns relating to the care and protection of youngsters and young adults as well as felony matters concerning children and young people whom are beneath 18 years of age, or who were under 18 at the time of a great alleged offence. General public is prohibited coming from viewing these proceedings to be able to protect the identity with the children and young people. Is definitely presided more than by a justice of the peace; it has not any jury.

Kid's court Barrister have particular training in working with youth concerns, and procedures, formalities and available content are...