Module Six: Judge-alone Trials

Introduction

The Judge-alone trial is probably the most familiar court event for most people, but it is in fact the least common event at real-life courts.

Justices preside over 'Judge-alone trials' even though they sit with two Justices at the bench. The term 'Judge-alone trial' replaced 'defended hearing' when the Criminal Procedure Act 2011 came into force. The term is intended to distinguish jury and non-jury trials. If a trial is not a jury trial, then it's a Judge-alone trial regardless of whether it's a Judge, a Community Magistrate or two Justices presiding.

When Justices make decisions in a separate room, this is known as 'in chambers'. This happens because all the information needed is on paper and the defendant has asked not to come to court to give evidence, or has not attended court, so no courtroom is needed. Your process of assessing the evidence and making a decision is the same.

There are two sections in this module: Judge-alone Trials; and Chambers Work.

Module objective

To identify correct procedures for running the court when a Judge-alone trial takes place and when making decisions in chambers.

Reading

Judicial JP Manual chapter 10, Judge-alone Trials

Judicial JP Manual chapter 15, Chambers Work

Time

This module will take you take between 15 and 25 hours including readings and activities, depending on your personal working style.

Before you begin

Your Learning Journal - Questions for reflection

Read through the journal questions for the specific aspects covered in this module.

Remember that the quality of your reflection is the important factor here, not the amount that you write.

If you answer any of the questions in your journal before you start the module activities, you may need to return to those questions and update your answers if you learn something new or change your stance on an issue.