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A Guilty Plea in the Magistrates Court

Role Play for students – Teacher Notes


The following pack contains a role play that can be used with classes from year 6–11 to
illustrate how a summary matter for a minor offence may proceed in the Magistrate’s
Court.

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 Court Process


At the beginning of the court session the magistrate’s Clerk will announce the arrival of the
magistrate by saying “Silence. All stand”

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.”

The Defence Lawyer, if present will introduce him/herself in a similar fashion.

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:

• Previous record of good behaviour


• Family background and unusual circumstances leading to the event
• Their willingness to pay for the goods and do community work
• Genuine repent and remorse for the crime and a strong resolve that it won’t happen
again
• Current financial or living arrangements

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.

Any combination of the following penalties could be imposed:

• A gaol term (not more than 2 years for each offence)


• A suspended gaol term with bond (promise of good behaviour)
• A fine
• A community service order
• A criminal conviction (‘record’)
• Home Detention

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.

Courts Education Officer


Telephone (08) 8204 0452 Mobile 0401715485 Facsimile (08) 8204 8444 E-mail peter.cavouras@courts.sa.gov.au
A Guilty Plea in the Magistrates Court
Role Play for students – other ideas

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 the lay out of the court.


• What is good and bad about it?
• How would you redesign it if given the job?
• Should courts be grand and imposing?
• Why are they located where they are?

Consider the different people that use or work in courts.


• Does this impact on the way they should operate or the service that is provided?
• How can minority cultures and groups become informed about the operation of courts?

Consider and debate the pros and cons of particular penalties handed out.
• Should people be gaoled – why or why not?

Consider why we have courts. Are they common in all countries?

Courts Education Officer


Telephone (08) 8204 0452 Mobile 0401715485 Facsimile (08) 8204 8444 E-mail peter.cavouras@courts.sa.gov.au
I AM THE MAGISTRATE’S CLERK

I do all the paperwork for the magistrate including updating of


court files.

I read charges made against the defendant and record whether


they plead guilty or not guilty.

I then record the outcome for example the penalty imposed.


This could be anything from a fine to community work to a
prison sentence.

I also announce court costs. (Currently $84.50 for a minor


offence and $107.50 for two or more offences + a Victims of
Crime levy of $28.00 per offence and a Police appearance fee
of $16.00)

It all adds up!!


MAGISTRATE’S CLERK

You will call each case to be presented by saying…….

“Number …, the matter of …”

You then read the charges unless the magistrate likes to do it


him or herself. Typically you would say…

“(name of accused)..you are charged with that on the ..(date of


offence) you did steal from Myer Stores Ltd one shirt to the
value of $75.00, the shirt being the property of Myer Stores Ltd.
How do you plead, guilty or not guilty?”

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)

In my court room there are certain rules:

1. Silence at all times


2. No eating or drinking
3. No mobile phones
4. No caps

To become a magistrate you must:

1. Complete a Law degree at a university


2. Work as a lawyer for at least five years (usually longer)
3. Apply for the position
4. Have the respect of you r peers for example be recognised
as fair and reasonable

I can sentence people to up to two years gaol and hand out


fines in the order of $120 000
(NB: where I think a person should go to gaol for more than two
years I can refer the case to a higher court. If someone has
committed more than one offence then the total of penalties
may add to more than two years.)
MAGISTRATE

You need to listen carefully to what each side tells you about
the offence(s) and the person charged.

In deciding the punishment you will consider:

How the offence occurred


The cooperation of the offender
Any previous court appearances
The likelihood of re-offending

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.

Punishment options include:


No penalty, Fine, Hours of Community Service (each 8
hours = 1 day), a bond (promise to be of good behaviour),
Suspended gaol sentence or gaol.

In summing up you will:


1. Re-state the facts
2. Make comments about the nature of the offending
3. Refer to what the police and your lawyer has said
4. Announce a penalty
5. Ask the Clerk to announce Court costs etc.
I AM THE DEFENDANT

I stand in this box unless told to sit. I am not always


comfortable about being here.

I may have come to court from gaol or police lock-up because:


(a) I was not given bail and must wait in a prison facility
until my court appearance
(b) I was arrested by police and held overnight.

If coming to court from custody, I will appear with a Group 4


Security Officer.

In Australia, I am considered innocent until proven guilty. If I


was granted bail I will enter the court through the public door.

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.

By saying you are guilty, you will be entitled to a reduction in


any penalty the magistrate is considering.

Be prepared – they may ask you questions especially if you do


not have a lawyer helping you.
I AM THE POLICE PROSECUTOR

I represent the community against the defendant.

I will explain what happened form the police viewpoint.

I did not make the arrest but summarise the information in the
file prepared for me.

I usually wear Police uniform and do not have to be a lawyer.


My training includes normal police training, 2yrs experience as
a police officer, (possibly study in a related course) and five
weeks training in court work.

I chose this line of work because of my interest and because I


do not have to do shift work.
POLICE PROSECUTOR

Always address the magistrate as Your Honour and stand


when you speak.
Your role is to outline what happened for example:

On the day in question, the defendant Ms Jones was observed


by store security acting suspiciously in the sporting good
section of the store.

The store security officer observed the Ms Jones enter a


change room with the item in question and exit without it. They
believed the shirt had been put on under other clothing in an
attempt to hide it and followed Ms Jones out of the store.

The defendant was spoken to and asked to return to the store


where she was questioned about the shirt.

Police were called and Ms Jones Co-operated/did not co-


operate.

She has no prior convictions/the following prior convictions.


(If you refer to prior convictions the penalty is likely to be
greater.)

Feel free to make up your own story – this is just a


suggestion. Remember to use lots of “Your Honours” in
what you say.
I AM THE DEFENCE LAWYER

I represent the defendant.

I try to reduce any punishments or sanctions to a minimum if


the defendant pleads guilty.

If the defendant pleads not guilty I may try to raise doubts about
what the other side is saying.

I may offer the Magistrate references to assist in proving my


case or witnesses in a not guilty plea.

If you are charged with a criminal offence in Australia you are


entitled to apply free legal aid if you cannot afford a lawyer.
(However this does not guarantee you will receive aid)

It is important to have a lawyer for some cases (particularly


where there is a chance you may go to gaol) as they
understand the legal language and the legal system.
DEFENCE LAWYER

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.

If it is a first offence you would point this out to the Magistrate


and then talk about your client’s normal behaviour as a good
citizen and how they were a model student at school but have
found it difficult to get a job since leaving. You could talk about
their work as a volunteer or the negative influence of
involvement in drugs. If you mention drugs you can talk about
how they are turning their life around.

If a second or third offence you can refer to an extended period


of time without offending. You can politely suggest a penalty by
saying .. “I respectfully submit your honour…” or argue against
a conviction as it may affect a legal career or against a fine
because of limited money.

Be creative!!
SHERIFF’S OFFICER

I do all the “leg work” for the Court.

I check off the defendants to say they have arrived.

I check to see witnesses are available and I escort them to the


witness box.

I take any evidence or exhibits from the police Prosecutor and


Defence Lawyer to the Magistrate, for example, references.

I make sure the public obey the Magistrates’ rules. I make sure
everything runs smoothly.

I may have to phone the cells to ask for someone to be brought


to the court.

I have access to a security button like the magistrate to call the


security personnel to help if needed.
SHERIFF’S OFFICER

Defendants coming to your court must check in with you and


have their name crossed off the list.

You have to keep order in the court and can remove people
who cause disruption in the court.

You ensure that defendants do not leave the court without


signing bonds, giving details for fines enforcement, bail
agreements or community service orders of the court that have
been ordered by the Magistrate.

Sometimes the Magistrate will ask you to telephone lawyers


who should be in court appearing for clients.

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 swear on the Bible or take an affirmation to tell the truth when


I answer the questions if I am not religious. If I believe in
another religion I may take a different oath on a different book.

The Police Prosecutor and Defence Lawyer will ask me


questions about the defendant and the crime.

I sit down during the questioning.


I AM THE STENOGRAPHER/COURT
REPORTER

I record every single word said during a trial on my shorthand


machine or by hand. I then type it up for future reference.

In higher courts I rotate with other stenographers every 30


minutes as I need to concentrate very hard.

I usually only use the machine for trials however may also need
to when taking down the penalty and reasons given by the
magistrate.

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