In the Local Court

The judicial officer who presides over the local court is called a magistrate. They have legal qualifications and have a similar role to a judge except there is no jury in the local court. They do not wear wigs and gowns, and they are called ‘Your Honour’. They sit behind a large raised desk called the bench. Magistrates hear less serious (summary) cases.

If the case is defended they hear all the evidence and decide if the accused is guilty or not guilty. If the offence is proven or the accused pleads guilty, the magistrate decides what penalty to impose. They also decide if there is enough evidence for more serious cases to be heard by a higher court after a committal hearing.

The magistrate is assisted by court staff. Some help record the proceedings on tape while others assist with paperwork and the general running of the court.

Prosecutors in the local court are usually specially trained police officers. More serious cases are often prosecuted by a solicitor from the ODPP. Both types of prosecutor represent the State (not the victim) in the prosecution of criminal cases.

The accused is represented by a solicitor or barrister, often referred to as ‘the defence’. Solicitors are more likely to represent people in the local court, while barristers tend to concentrate on higher court matters.

Lawyers for both sides sit at the bar table, which is usually in front of the bench.

The accused will also be in court. Where there is more than one accused, each accused person may be represented by a different lawyer and you could be asked questions by each defence counsel.

Generally the accused will be present in court and located in the dock; or sitting behind their lawyer.

In the District or Supreme Court

The higher courts such as the District or Supreme Court are more formal than the local court and are presided over by judges, who wear wigs and gowns and are called ‘Your Honour’.

The judge decides questions of law and sums up the case for the jury. It is their job to make sure a trial is run fairly.

They are assisted in court by an associate who helps with the paperwork and exhibits. The judge's associate reads out the formal charges (indictment) against the accused.

Both barristers and solicitors can appear in these courts, although it is more usual for barristers to do the talking. Instructing solicitors sit next to them and help the barrister in preparing and running the case.

Any person charged with an offence appearing before the Local, District or Supreme Court is called ‘the accused’.

If the accused has pleaded not guilty there will be a jury of twelve people who have been chosen at random from the jury roll. They represent the community and decide if the accused is guilty or not guilty.

Sometimes only a judge will hear the case. The prosecution and the defence must both agree to a judge-only trial.