Who is who

Accused

This is the person who has been charged and accused of the crime. The case is happening to find out if they are guilty or not guilty. They sit opposite or facing the jury. They will only become a convicted offender if they are found guilty.

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Barrister

Barrister: A lawyer who either defends the accused person or prosecutes on behalf of the DPP/State. The barrister usually presents the case in court and can wear a long black gown. They are sometimes called ‘counsel’. The defence counsel sits on the side of the courtroom nearest the accused person and the prosecution counsel sits on the side of the jury.

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Director of Public Prosecutions (DPP)

Director of Public Prosecutions (DPP): The DPP prosecutes cases on behalf of the people of Ireland. The DPP is the public prosecutor and can also be called the State as they represent the State of Ireland. It is represented in court by the solicitor sitting closest to the jury box and the barrister sitting opposite the solicitor. This is the prosecuting legal team. The DPP is in charge of prosecuting serious cases that are heard by a jury in the Circuit Criminal Court or the Central Criminal Court. Less serious cases are currently prosecuted in the District Court by lawyers representing the DPP or by members of the police service. The DPP gives general direction and advice in these cases and can give specific direction to the police if they request assistance. The DPP does not give legal advice to members of the public. If you have a legal question, you can contact the Free Legal Advice Centre.

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Expert Witness

An expert can give evidence of their opinion on a subject that is outside of the ordinary knowledge of the judge and jury. This type of professional witness has expertise in relation to the subject they are giving evidence about. For example, they could be an expert in medicine or forensic science and their evidence will be about this area.

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Judge

The judge oversees a case in court and sets the sentence if the accused is found guilty. In the District Court and the Special Criminal Court the judge (or judges) decide on whether or not the accused is guilty and what the sentence will be. In the Central Criminal Court and the Circuit Criminal Court it is the jury who decides whether or not the accused is guilty. The judge then decides on what the sentence will be. The judge makes sure both sides are playing by the rules so that there is a fair trial. If there is a legal argument, the jury leaves the court and the judge decides on the issue.

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Judicial Assistant

The Judicial Assistant helps the judge with research and sits to the side of the judge.

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Jury

A group of 12 people who listen to the evidence given by both sides and determine what the facts are. They are responsible for deciding if a person is guilty or not guilty of an offence/crime (in all courts apart from the District Court and the Special Criminal Court). They do not give a reason for their decision. They do not play any role in deciding on the sentence.

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Media

Journalists who sit in court and report on cases. Legitimate journalists can always sit in all cases even if they are being held in private (in camera). However, there are some restrictions on what details about the accused and the victim they can report on if the case is sensitive, for example in sexual violence cases. The judge can make an order saying that the details of a Victim Impact Statement are not to be published by the media.

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Police

An Garda Síochána is the Irish police service. In the District Court the police prosecute crimes. In higher courts they investigate and the prosecution legal team prosecute. The police might appear to give evidence.

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Prison Officer

If the accused has come from prison to court, a prison officer will accompany them during the court case.

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Public

Members of the public can sit in court and observe. However, there can be times when the public is not allowed in. An example is where the offender is a minor and proceedings are held “in camera” (in private).

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Registrar

The Registrar sits in front of and assists the Judge. They call the case and record names of witnesses or decisions in cases. They assist witnesses in taking the oath or affirmation.

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Solicitor

A lawyer who either defends the accused person or prosecutes on behalf of the DPP. The solicitor prepares the case for court and sits opposite the barrister in court. The defence solicitor sits on the side of the courtroom nearest the accused person and the prosecuting solicitor sits closest to the jury.

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Victim

The person who the crime/offence has been carried out against. They might have suffered different types of harm as a result of the crime such as physical or emotional harm or suffered or economic loss which was directly caused by a criminal offence. The family members of a person whose death was directly caused by a criminal offence are also considered victims of crime.

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Witness

A witness can be called to give evidence relating to the offence by either side (the DPP or the defence). They will first be questioned by the side who called them (examination in chief). The other side will then have an opportunity to question them again (cross-examination). Witnesses cannot give their opinions, only evidence on facts within their knowledge.

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Character witness

A witness who gives evidence on the character of the accused. This can happen during the trial or at sentencing.

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