The role of the Judge
The judge presides over the battle, ensuring that the rules are obeyed and the fight is fair. In their opening speech, they instruct the jury as to the law pertaining to each element of the crime of which the Defendant is accused.
The judge must also make very clear to the jury a fundamental principle of our system of justice - that they must be sure beyond reasonable doubt that the prosecution has proved the Defendant's guilt before they can convict. At the very end of the trial, they will also give a summary of the evidence that has been presented to the jury before they are sent out to deliberate their verdict. Finally, if the defendant is convicted, it is the judge's role to pass a sentence.
Counsel for the Prosecution
The prosecution barrister represents the Crown and it is their duty to present all the evidence against the Accused, questioning each witness to bring out the facts of the case and submitting any exhibits for the Jury's attention. They cross-examine the Defendant if they have chosen to give evidence, and they will also give a speech at the end of the trial recapping the main points of what each witness has said, pointing out how that testimony goes to prove the Accused's guilt. It is important to remember that the Prosecution bears the burden of proving guilt, the Defendant has the right to sit back and say nothing if they so choose.
Counsel for the Defence
Every citizen who finds themselves accused of a crime has the right to be represented by a professional barrister who will fearlessly and fiercely fight for them in court. They will cross-examine each witness for the prosecution, picking holes in their testimony and seeking to discredit them in the eyes of the jury. At the conclusion of the evidence, the defence barrister will give a speech in which they go to any lengths to persuade the jury that there is reasonable doubt, constantly reminding them that the defendant has nothing to prove and that the prosecution has the duty of proving guilt to the highest standard. If the Defendant is convicted, the last remaining task of the defence barrister is to persuade the judge to pass the most lenient sentence possible.
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