Professional Documents
Culture Documents
Given that there are limited participatory roles it is probably best done prior to or following
a visit where different groups can act it out rather than in court on the day of the visit.
People when faced with an appearance to answer a criminal charge will be invited to
enter a plea ie. after the charges have been read to them, state whether they are guilty
or not guilty.
If they answer “guilty” then the Magistrate will hear submissions from Police about the
alleged offence and anything in mitigation from the accused or their representative in
order to determine a penalty.
Because the Magistrate is entitled to have any information they consider necessary to
allow them make a decision, previous criminal history may also be called for.
If the accused says “not guilty” then the case will be put off to another date when a trial
can be organised.
A high percentage of matters in the criminal division of the Magistrate’s Court proceed by
way of the accused person admitting their guilt (pleading guilty). This saves the court
considerable time and resources and can result in a reduction in the penalty handed out.
Such matters may only take a few minutes to resolve.
Trials in the Magistrates Court could take anything from a half-day to a few weeks to
complete depending on the nature and complexity. They are on average, much shorter
than trials in the higher courts.
For the attached scenario you will need the following participants. (asterisk denotes
optional or non-participatory role)
Magistrate’s Clerk
*Court Reporter/Stenographer
Magistrate
Defendant/Accused
Police Prosecutor
Defence Lawyer
*Witness
*Sheriff’s Officer
The Magistrate enters the court and takes his/her seat at the bench and then others in the
court room sit.
The clerk then calls on the first case (usually referring to it by number and the name of the
accused). For this example the clerk could call “Number 162 – Brian Jones” The accused
would move forward into the dock and the clerk would read the charges for example: “Brian
th
Jones you are charged with that on the 6 day of April 2002 you did steal from G G
Holmes Pty Ltd a tracksuit to the value of $145.00 pursuant to section 131 of the
Criminal Law Consolidation Act 1935. How do you plead, guilty or not guilty?”
For the purposes of this exercise the accused will plead “guilty”. (Where the guilt is fairly ‘cut
and dried’ such as being caught by security in the act of the theft a guilty plea is common).
The Police Prosecutor will introduce him/herself by standing and saying…”If it please the
court your honour my name is … and I appear for the prosecution.”
This formality does not always occur in the Magistrate’s Court due to time constraints.
Sometimes the magistrate invites either party to start and may also read the charges
themselves.
The Police Prosecutor then outlines the particulars re the offence. (as provided) You may
wish to add some previous court appearances and also provide information about how
cooperative the person was when spoken to by Police etc. Any references to the defence
lawyer are as ”my learned friend” and what they say will usually be interrupted with a few
“your honour” statements at the beginning or end of a sentence as a measure of respect
and courtesy.
The defence lawyer must then respond. It is their job to provide the magistrate with additional
information that may assist him or her in making a decision about any penalty. In practice
they will try to argue for the minimum penalty possible. In developing this statement you could
involve a group of students to come up with a final statement that considers things like:
The defence can even tender a prepared character reference or medical statement or call a
witness if you wish to engage more participants. If a witness is used they need to be sworn in
either by holding the bible while the clerk says: “Do you swear that the evidence you give
to the court shall be the truth the whole truth and nothing but the truth so help you
God? Say I Swear” The response is “I swear”.
Alternatively the accused may take an affirmation by reading out the following: “I John
Smith, do truly and solemnly affirm that my evidence will be completely truthful”.
The accused will then be asked to state their name for the court.
The Magistrate has the most difficult job. Having listened to all that has been said they have
to give a penalty. This will involve a summary of the offence and perhaps a lecture about how
offending of this nature shouldn’t be tolerated. They will also make reference to submissions
by the defence lawyer and previous offending before imposing a penalty. Magistrates will
often warn offenders of the consequences of another court visit or disobeying the order of the
court.
Note that a goal term is the last possible option. Additional court fees, levies and costs are
usually imposed. (Court Fees - $84.50 for one offence, $107.50 for more than one offence;
Victims of Crime Levy - $28.00 per offence; Prosecution appearance fee - $16.00).
The magistrate can only give a person 28 days to pay this and any fines and may direct
persons to speak to a fines payment officer about making arrangements to pay off the debt.
Pre-visit Activity:
Discuss the language peculiar to different groups among students for example sporting
groups, gangs, clubs, drug. Identify words and expressions common to the group but not
understood by those outside of the group.
At the courts:
Have students focus on the type of language used in as court room. Listen for the
following:
• My Learned friend
• Your Honour
• With respect Your Honour
• Remand
• Adjourn
• Bail
• Estreatment (of bail)
• Information
• Complaint
• Guilty
• Not Guilty
• Warrant
• Warrant to lie
• Latin terms
• On his own recognisance
• Disputed facts
• Good behaviour bond
• Suspended sentence
In groups try to determine the meaning of each of these and why they might be used.
Think of plain English terms to replace them. Why might you do this?
What are student impressions of the court buildings they visit when they first arrive and
following a visit? Do they for example, convey the impression of a court?
Consider and debate the pros and cons of particular penalties handed out.
• Should people be gaoled – why or why not?
After the magistrate has given a penalty you will announce the
court costs. (This may call for a bit of hands-on maths)
I AM THE MAGISTRATE
Can you notice anything about my position?
(At a raised bench at the front of the court, SA Coat of Arms, In
the middle facing the court)
You need to listen carefully to what each side tells you about
the offence(s) and the person charged.
You must also consider what the defence lawyer or accused (if
not represented) says in relation to the offence. This could
include the reason for the offending, the person’s character and
whether or not they are sorry for what they have done, personal
problems etc.
If I plead not guilty, the court will set a trial date. At the trial I
can sit behind my lawyer.
DEFENDANT
You will stand in the dock and be asked to plead guilty or not
guilty.
It is usually better if you appear sincere about what you say and
show that you are sorry for what you have done.
I did not make the arrest but summarise the information in the
file prepared for me.
If the defendant pleads not guilty I may try to raise doubts about
what the other side is saying.
When you address the Magistrate you must stand and say
“Your Honour”. And would start by saying “Those fact are
admitted”.
Your client is pleading guilty so you must try to argue for the
minimum possible penalty for your client and the Magistrate will
want to know the following:
The mitigating circumstances (the reasons that might have
made your client commit the offence) eg unemployed,
stress caused by personal problems or an unfortunate past
history.
Your client may have taken the item because it was their
girlfriend’s/boyfriend’s birthday and they did not have enough
money to buy a present and the client knew it was their
favourite design and colour. It may have been for their mother
who is ill in hospital and they wanted to buy them a get well
present and knew it was their favourite colour and design.
Be creative!!
SHERIFF’S OFFICER
I make sure the public obey the Magistrates’ rules. I make sure
everything runs smoothly.
You have to keep order in the court and can remove people
who cause disruption in the court.
If it is a trial you would also call witnesses into the court and
guide them to the witness box.
I AM A WITNESS
I usually only use the machine for trials however may also need
to when taking down the penalty and reasons given by the
magistrate.