Preliminary examination of evidence When someone is charged with a crime, they go to the Magistrates Court. This court hears minor offences and some serious cases. It can also examine serious cases in a committal hearing (before going to trial). If there’s enough evidence, the case goes to a higher court like the County Court or Supreme Court. Committal hearings help ensure a fair trial. The prosecution must share all evidence, so the accused can prepare their defence and challenge the evidence. Right to legal representation For a fair trial, each side should have legal representation . This means that a lawyer will assist with a case. The lawyer might present the accused’s case in court. If someone can’t afford a lawyer, they may get help from legal aid (see lesson 13.6). A public hearing Most trials are held in public, so anyone can watch. This allows the community to see that the rules are followed and promotes fairness. A trial can be closed to the public if it helps justice; for example, if a witness is very young. Cases involving people under 18 are heard in the Children’s Court, which is private.
Independent judge
The right to a fair trial means everyone is treated equally. The judge is like the umpire in football. They ensure both sides follow the rules. They also ensure that both sides have the opportunity to present their case. The judge is independent. This means that the judge doesn’t question witnesses or decide how arguments are presented. However, the judge may ask witnesses questions to make things clearer.
FIGURE3 Anyone on the electoral roll can be randomly called for jury duty.
Judge and jury have no prior knowledge of the case
The judge and jury shouldn’t know about the case until it is in court. They can’t use the internet or other sources to learn about it.
During the trial, the judge helps the jury understand legal issues and explains the law at the end. Jurors must listen closely to the evidence and decide based only on that and the law explained by the judge. Jurors can’t discuss the case with anyone, even after the trial. They also can’t share information on social media or give interviews. Strict procedures and rules of evidence A fair trial follows strict rules to ensure both sides can present their case and challenge each other’s evidence. Only certain types of evidence are allowed, like a doctor giving medical evidence. These strict rules of evidence and procedure ensure due process . Due process refers to the procedures that occur during a trial that ensure that people are treated fairly by the legal system.
TOPIC13 Laws and citizens 495
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