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Contents 1 Court Procedures 1.1 Before the Trial 1.2 First Appearance 1.3 Preliminary Inquiry 1.4 Trial 2 Positions' Jobs 2.1 Judge 2.2 Prosecuting Attorney/Crown 2.3 Defence Attorney 2.4 Bailiff 2.5 Security 2.6 Clerk

[edit] Court Procedures

Here I will write up a basic overview of what happens in a trial. Please read over this before beginning your part.

[edit] Before the Trial

• The accused is notified that he is being tried
• A court date for a first appearance is set

[edit] First Appearance

• The accused is asked if he or she has retained a lawyer.
  • If they cannot afford one they will request legal aid and will select a lawyer from a list.
    • If they must do so the court date is put off for 2 weeks, at which time a trial date is set whether the accused has a lawyer or not (stalling is not permitted and action is taken against it)
  • If they have one, the accused presents the court with a letter from their lawyer setting trial dates

• The accused is, in serious criminal offenses, provided election as to the mode of trial
  • This decision is important.
    • The accused may choose to be tried in District, Provincial, or Supreme Court
    • The accused may choose to have a preliminary inquiry to obtain adequate disclosure as to the circumstances of the crime. The accused may wish to test the strength of the Crown's case, and a Preliminary Inquiry tried by a District or Supreme Court judge forces the Crown to disclose the essential elements of its case, which provides the accused time to prepare against it.

[edit] Preliminary Inquiry

• The Crown must present sufficient evidence to have the accused committed for trial.
• Though every witness need not be presented, the Crown must present sufficient evidence to establish a prima facie case.
• The judge may not weigh evidence at this inquiry.
• The purpose of the Prelim is for the accused to test the strengths and weaknesses of the Crown's case through cross-examination, without running the risk of being convicted.
• The accused rarely testifies at a Prelim.

[edit] Trial

If the judge of the prelim determined that the case is admissable, it proceeds to trial.

• All evidence is produced and the case is fully tried.
• All witnesses are called and cross-examined
• The judge or jury, depending on the type of trial the defendant requested, decides on the verdict
• The judge determines the sentence

[edit] Positions' Jobs

[edit] Judge

• Ensures trial is fair and people are treated justly
• Decide who "wins" when it is not a jury trial
• In charge of proceedings
• Settle disagreements between lawyers
• Stops objectionable actions by lawyers
• Explain laws to juries
• Determines actions to be taken
• Weighs evidence
• Oversees Attorneys' actions
• Determines admissible evidence
• Determines admissible witnesses

[edit] Prosecuting Attorney/Crown

• Tries defendant
• Represents country and government
• Presents evidence and witnesses against the defendant

[edit] Defence Attorney

• Defends defendant
• Tries to prove him/her innocent
• Presents evidence and witnesses for the defendant

[edit] Bailiff

• Bailiffs provide security in courtrooms.
• Check courtroom for concealed guns, bombs, or other hazards.
• Make sure courtroom is clean.
• As people enter courtroom, they check for weapons.
  • Store any found weapons in a safe location

• They announce the entrance of judges into the courtroom
• During trials, bailiffs maintain order in courtrooms.
• Prevent people from entering courtrooms while judges are instructing juries.
• Make sure people watching trials do not talk to the jury.
• Inform people of courtroom rules and enforce those rules.
• May remove or arrest people who do not cooperate.
• Restrain people watching trials who act aggressively when they dislike decisions.
• If needed, bailiffs contact the sheriff's office for help. In case of medical emergencies, they contact medical staff.

• They make sure judges have case files and supplies.
• They swear in witnesses, handle articles of evidence, and escort prisoners to and from court.

[edit] Security

• Assist the Bailiff, specifically detaining agressive persons and keeping order

[edit] Clerk

• Process legal records and perform other duties for a court of law.
• Prepare a calendar of cases to be called in court, scheduling when each case will be heard.
  • They then send the participants a letter that states when and where the trial will be held.
• Prepare case folders and post, file, or route documents.
• When legal documents are submitted to the court, they look them over to make sure correct procedures were followed.
  • If documents are incorrect, clerks explain the procedures or forms to the people who prepared them.
• Before each case is heard, clerks check its case folder.
• Make sure that all related records and documents are in the file.
  • If documents are missing, clerks request copies.
• Get information for judges.
• Contact witnesses, attorneys, and other people involved in the case for information.
• On the day of the trial or hearing, clerks prepare any forms that might be used by the judge.

• Administer oaths to witnesses.
• Record minutes of court proceedings
• Record the case results, court orders, and fees to be paid.
• Collect court fees or fines and record the amount collected.

• File public records, such as mortgages, deeds, and marriage licenses.