Court Observation Report

Legal Process and History

Court Report

Part A: Reflection and Observation

Upon observation of the local courts attended, which were the Sydney Downing Centre (1) and Parramatta Local Court (2), the court layout and physical features of the courts served to be a uniform feature of the Australian legal system, despite slight discrepancies in terms of spatial dimensions and the atmosphere of each respective court. However, the size of the courtrooms as such appeared to be independent of the court hearing involving a summary or indictable offence.

As a general rule the position of the court personnel as situated in local courts established itself as another commonality observed in regard to court layout. The most prominent position was attended to by the magistrate, whose central role at an elevated position at the head of the court essentially confirmed the importance of their decisions in court proceedings. Seated directly in front of the magistrate was the judge's counsel, with the task of handing over important documents and evidence admissible in a court of law to the magistrate.

Almost adjacent to and on the left of the magistrate was the witness stand, similarly facing the room at large to be able to clearly give verbal submissions used as evidence. With the important task of recording court proceedings was the depositions clerk, on a slightly lower bench to the magistrate's right. Situated on a bench in the centre of the courtroom and directly facing the magistrate, in order from left to right are seated the accused, the defence barrister if present, and the prosecutor.

In accordance with the principle of open justice adopted by the Australian legal system is the public gallery at the back of the courtroom. This changed the atmosphere within the courts significantly by inciting nervousness of parties involved, especially the defendant, due to the knowledge that their case was being conducted publicly, with the proceedings being meticulously recorded.

A distinguishable feature of The Downing Centre from Parramatta Local Court was the use of the open dock for serious offenders as opposed to the criminal box. In selective indictable criminal matters, or when the offender is held in custody, they are required to partake in the hearing in the open dock on the far left of the court. In these cases, the defendant/s are of considerable danger to the public, and accordingly their conduct is regulated by a corrective services officer on the far right of the court.

Synonymous with the court's layout and physical features was the powerplay inherent within the judicial system, between the legal players and parties to a case. The somewhat overbearing physical distance in the courtroom separating the parties and court personnel accentuated the highly authoritative nature of the courts, which can be exemplified by the use of legal jargon and formal judicial attire.

Furthermore, it was noted that cases being heard in comparatively small courtrooms retained a much more informal atmosphere, and exhibited more qualities of a logical argument rather than a competitive legal battle. Essentially this had a positive impact on defendants as the less intimidating atmosphere increased the ease at which they were able to give submissions as evidence to the court.

(1) Located on Liverpool Street and corners of Marsden and George Streets respectively

The atmosphere of the courts generally varied between cases, and in addition to aforementioned factors, was significantly attributable to the severity of the offence committed. For the most part, the only indictable offence observed appropriated a highly apprehensive atmosphere due to the seriousness of the allegations made as well as the existence of legal representation, which formalised proceedings to a great extent. Furthermore the presence of a large number of the defendant's family and friends concerned about the outcome of the case and the severity of the sentence issued by the magistrate further increased tensions in the courtroom.

In contrast to this however, were cases involving summary offences. In regard to these, the atmosphere was much more relaxed and informal, and often if litigants were self-represented, a conversationalist tone was adopted due to the assumption that the defendant lacked the same degree of legal knowledge as a barrister defending them under the same circumstances would use to their advantage.

To elaborate on this point, from what I personally observed, the attitude of the court did change significantly in favour of self-representated litigants. This was noted for example