Legal Personnel in a Criminal Trial

Judge

Magistrate

Police Prosecutor

Director of Public
Prosecutions

Barristers and
Solicitors

- Judicial Officers who preside over the intermediate and

superior courts (District and Supreme Courts).
- Oversee proceedings, maintain order in the courtroom and
ensure the procedures of the court are followed.
- Make decisions about points of law and give instructions to
the jury to make sure they understand the proceedings and
the evidence they are presented.
- Judge will hand down sentences and rulings.
- May sit without a jury and the judge will determine the
verdict.
- Preside over hearings in the Local Court.
- Specialised magistrates also hear cases in the Childrens
Court.
- In criminal law, magistrates will hear summary
proceedings in the Local Court, as well as indictable
offences triable summarily where the accused has
consented to the case being heard by a magistrate.
- Oversee proceedings and make decision on basis of
evidence presented.
- Will also determine sentences.
- Also conduct committal proceedings for indictable
offences to be tried.
- Will usually hear bail proceedings.
- For summary offences in the Local and Childrens Courts,
cases will usually be prosecuted by police prosecutors.
- Are members of the NSW Police Force with specialised
training to conduct prosecutions.
- Handle most summary cases in NSW.
- For indictable and some summary offences, cases will be
prosecuted by the NSW Office of the Director of Public
Prosecutions.
- Will also conduct some committal proceedings for
indictable offences.
- Are an independent authority that prosecutes all serious
offences on behalf of the NSW Government.
- Are barristers or solicitors.
- Prosecute the case using evidence gathered by police.
- Ask questions of the witness and draw out the truth.
- Reviews cases proposed by the police to determine if
there is enough evidence to succeed.
- Solicitor will prove advice to the accused. Will also assist
in interactions with the police.
- May represent the accused in court, or engage a barrister
to represent the accused.
- Solicitors are more likely to represent in Local Courts and
Barristers are more inclined in the Higher Courts.
- Barristers provide legal advice for the accused on the
likely outcome of the case and to present the case in court.
- When an accused cannot afford to pay for a barrister or

solicitor, they may be granted access to a public

defender. These are barristers who appear in serious
criminal matters for an accused who has been granted legal
aid.
- If an accused has been charged with a serious indictable
offence and is eligible to receive legal aid, they may be
granted a public defender to represent them in court.