In the Courtroom

Democratic Society Equal rights Freedom of speech Fair Trial These are just a few of the fundamental human rights.

Universal Declaration of Human Rights, Article 10. Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him. Article 11. (1) Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence. (2) ….Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed.

Fair Trial Everyone is entitled to a fair trial. This means that a person has the right to be: heard by an unbiased judge(s) or jury presumed innocent until proven guilty Punishment fits the crime

A colloquial term for a seemingly fake legal proceeding or court. It comes from the notion of justice proceeding by leaps - like a kangaroo. The verdict is often predetermined before the trial.

The Judge Representative of the Crown ‘Your Honour’ or ‘Your Worship’ Everyone in the courtroom must stand when the judge enters and exits Sits behind a raised podium Referred to as ‘the bench’

Sit at tables in front of the judge Plaintiff and Defendant sit with their counsel Counsel are lawyers, barristers and solicitors

Sit at tables in front of the judge Sits with their legal representative

People in the Courtroom  Bench clerk  Prison officers or bailiffs  Court reporters or 'stenographers'  Court illustrators  Media representatives  Members of the public

The Jury 12 citizens 18 – 70 years old enters and exits through their own entrance

The Jury’s Role  Look at both sides of the argument  Determine what they believe really happened by looking at the facts presented  Swear an oath that they will carry out their duties conscientiously and in an unbiased way  Elect a foreman Hung jury: failure to reach a verdict

Jurors Judge & Lawyer Members of the public Counsel from each side of the case 1. Witnesses may be cross-examined by

Your Honour His Majesty Judge Your Worship 2. In a courtroom, the judge must not be addressed as: His Majesty

Kangaroo Court Emu Court Prejudged Court Fake Court 3. If a verdict is predetermined before the trial, it may be referred to as a: Kangaroo Court

Create illustrations TranscribeKeep time Take fingerprints 4. The role of a stenographer is to: Transcribe

Proceedings in a Magistrates Court Criminal Trial The Defendant is asked how he or she wishes to plead. The Defendant is called by the Orderly to appear before the Court GuiltyNot Guilty The indictment is read to him or her

If the Dependant pleads guilty the Prosecutor explains the nature of the offence to the court. After this, the Magistrate decides on a penalty. Prosecutor: the person who acts on behalf of the Crown against the person charged.

If the Defendant pleads not guilty, the Prosecutor first explains the Crown's case against the Defendant. Then the Prosecutor calls and questions his/her first witness who gives evidence about the offence. The Defence Counsel cross-examines the witness. The Prosecutor may then re-examine the witness. The other prosecution witnesses are called and examined, cross-examined and re-examined. Defence Counsel: the person employed by the Defendant to defend him/her against the charge

Defence Counsel calls his/her witnesses and they are examined, cross-examined and re- examined. Defence Counsel sums up the evidence and submits why the Defendant should be acquitted, i.e. declared not guilty. The Prosecutor sums up the evidence and says why the Defendant should be convicted, i.e. found guilty. The Magistrate decides whether the Defendant is guilty or not guilty.