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Role of the Judge and jury

In a trial with a Judge and a jury, each have very different parts to play.

The jury listen to the evidence and decide who or what to believe. They decide what the facts of the case are. They are the only ones who can decide whether the accused is guilty or not guilty.

The judge sees that the proper procedures are followed and she or he makes decisions about all questions of what the law is in relation to the particular case. Because the jury do not decide these questions, many of the discussions and decisions related to the law are made when the jury is not in the courtroom.

When the jury reaches a verdict (decision on the guilt or otherwise of the defendant), its role comes to an end.

If the jury finds the defendant guilty, it is then the role of the Judge to decide the appropriate sentence.

Role of the Judge and jury  :  Last Revised: Fri Jan 8th 2016
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.