- The adversary system

- Legal personnel

The adversary system relies on a two-sided
structure of opponent sides (adversaries)
each presenting their own position, with an
impartial judge or jury hearing each side and
determining the truth of the case.

An alternative to the adversarial system is
the inquisitorial system, in which a judge or
group or judges plays a role in investigating
the case or calling for evidence of testimony
that has not been requested by either sides.


Which of the two court systems achieves
fairness?

Discuss with the person sitting next to you and
be prepared to share with the class.


Legal
personnel
Magistrate
Judge
Police
prosecutor
Director of
Public
Prosecutions
Public
Defenders
They are the judicial officers that preside
over hearings in the Local Court.

Specialised magistrates also hear cases in the
Childrens Court.

Once a magistrate has determined the guilt
of the accused, they will pass an appropriate
sentence.

Will also conduct committal proceedings and
hear bail proceedings.
Preside over intermediate and superior
courts

They oversee proceedings, maintain order in
the courtroom and ensure that court
procedures are followed

They will make decisions about points of law
and give instructions to the jury

They hand down sentences and rulings
A police prosecutor is a NSW officer trained
in prosecution, usually used to prosecute
summary offences.

Police are required to undertake an intensive
investigation and give testimony at the trial
to aid the prosecutions case.

Summary offences in the Local and Childrens
Court will usually be prosecuted by police
prosecutors.
For indictable offences and some summary
offences, cases will be prosecuted by the
DPP

The DPP is an independent authority that
prosecutes all serious offences on behalf of
the NSW government.

In court, their role is to ask questions of the
witness on the stand and draw out the truth
from the evidence and testimony given by
the various witnesses.
The DPP does not investigate crime but it
prosecutes cases once sufficient evidence
has been established.

The DPP operates independently of the
government in deciding which matters to
prosecute.

The DPP will prosecute a case where it is in
the public interest to do so.
The decision to prosecute will depend on
different factors including:
Whether the evidence is sufficient to establish the
elements of the offence
Whether the evidence is sufficient to gain conviction
by a reasonable jury
Certain discretionary factors to determine the public
interest including:
Seriousness of the offence
Special circumstances of the offence
Accused or victim
The need to maintain public confidence
Length and expense of trial
The likely outcome and consequences if the trial
succeeds

When an accused is unable to afford legal
representation, they may be granted access
to a public defender.

Public offenders are barristers who appear in
serious criminal matters for an accused who
has been granted legal aid.

They are paid public barristers who are
independent of the government and perform
similar duties to a privately retained
barrister.