"Judges, magistrates and tribunal members sit in many jurisdictions, and the way in which court proceedings are conducted across these jurisdiction can be very different - from adversarial cases involving lawyers, to sitting informally round a table discussing issues with the judge."
Judge's role in a Crown Court criminal case
A Circuit Judge presides over a criminal trial being responsible for all matters of law and making sure that all the rules of procedure are properly applied.
A judge hearing a criminal case
Before the criminal trial starts the judges familiarise themselves with the details of the case by reading the relevant case papers. These include the indictment which sets out the charges on which the defendant is to be tried, witness statements, exhibits and documentation on applications to be made by any party concerning the admissibility of evidence in the trial.
The judge supervises the selection and swearing in of the jury, giving the jurors a direction about their special place in the trial in deciding the facts and warning them not to discuss the case with anyone else.
Once the trial has commenced the judge ensures that all parties involved are given the opportunity for their case to be presented and considered as fully and fairly as possible. The judge plays an active role during the trial, controlling the way the case is conducted in accordance with relevant law and practice. As the case progresses the judge makes notes of the evidence and decides on legal issues, for example, whether evidence is admissible.
Once all evidence in the case has been heard the judge's summing up takes place. The judge sets out for the jury the law on each of the charges made and what the prosecution must prove to make the jury sure of the case. At this stage the judge refers to notes made during the course of the trial and reminds the jury of the key points of the case, highlighting the strengths and weaknesses of each side's argument. The judge then gives directions about the duties of the jury before they retire to the jury deliberation room to consider the verdict.
If the jury find the defendant guilty then the judge will decide on an appropriate sentence. The sentence will be influenced by a number of factors: principally the circumstances of the case, the impact that the crime has had on the victim, relevant law especially guideline cases from the Court of Appeal. The judge will equally take into account the mitigation and any reports and references on the defendant. Only once the judge has considered all of these factors will the appropriate sentence or punishment be pronounced.