The Federation Press

The Criminal Trial

Courtroom Practices, Policies and Procedures

Overview

The criminal court system resolves disputes, imposes and maintains order and upholds human rights. The ability to give evidence in court in a competent and professional manner is a core skill for an investigator.

The Criminal Trial describes and analyses the main rules of the law of evidence within a framework relevant to the policing profession. It is the emphasis placed on the policing profession and the professions role in the pre-trial and trial process as well as the discussion of issues pertaining to the “professional witness” which sets this text apart from others.

Reviews

For those who are new to this arena, Brian provides a much needed road map that will assist them to prepare for the courtroom. The book is written in a clear, straight-forward language which makes it accessible for all students ranging from students of law and individuals working within academia, to the policing profession and other state officials, as well as professional experts witnesses. In my early career I had the distinct pleasure of hearing and learning directly from Brian. For those who do not have that benefit, this book will provide the next best thing. - Andrew P Scipione, Commissioner, New South Wales Police Force

Table of Contents

Introduction
The Court System
The Adversary System
The Legal Profession in Court:
Solicitors
Barristers
Judges and Magistrates
Director of Public Prosecutions
Crown Prosecutors
Public Defenders
Legal Aid Lawyers
Police Prosecutors
Court Officers and other Participants:
The Office of the Sheriff
Judges’ Associates
The Jury
Courtroom Environment
Courtroom Protocol and Procedure
Stages of Evidence: The Prosecution Case
Evidence-in-Chief
Cross-Examination
Re-Examination
Sequence of Witnesses
Expert Opinions; Lay Opinions and Police Officers
Stages of Evidence: The Defence Case
Sentencing
Appeals
Conduct Before and After a Court Case
Awarding Costs against Police
Coronial Inquests and Inquiries in New South Wales
Conclusion
Appendix A : NSW Police force Expert Certificate
Appendix B : Notice under s 177(2)(B) of the Evidence Act 1995
Appendix C : List of Additional Charges (Form 1)
Index

Of interest...