Inquisitorial System

Question 1

What is the role of the judge in the inquisitorial system?

Answer 1

• Seeks the truth by inquiry (rather than adversarial nature)
• When an offence is reported a judge is appointed to investigate the offence i.e. collect the evidence
• The judge controls the case and examines witnesses

Question 2

What is the role of the judge in France?

Answer 2

In France one judge investigates the matter and decides whether or not the accused should be prosecuted (heard by another judge)

Question 3

What are the rights of the accused in the inquisitorial system?

Answer 3

• Accused does have the right to remain silent and is presumed innocent until proven guilty at trial
• The accused does have to answer questions asked of them by the judge in the trial
• Legal representation is allowed and assists the judge in finding the truth – they can question the evidence and witnesses

Question 4

What is the process of evidence collection in the inquisitorial system?

Answer 4

• A dossier is kept by examining judge containing all evidence (written statements of witnesses)
• Accused not committed to trial unless a very strong presumption of guilt – perhaps undermines the presumption of innocence.

Question 5

What is the trial like in the inquisitorial system?

Answer 5

• The prosecution presents the evidence and the judge will ask the witnesses questions

Question 6

What is a type of verdict allowed in the inquisitorial system?

Answer 6

• An intermediary “not proven” verdict is allowed. The defendant is released but may be asked to stand trial again at a later date. DJ doesn’t apply

Question 7

Is there a continuous trial in the inquisitorial system?

Answer 7

• Unlike the adversary system, there is not one continuous trial. A trial can be postponed while further evidence is collected

Question 8

How is witness evidence given in inquisitorial system?

Answer 8

• Witness evidence is given in the narrative form

Question 9

What are the rules of evidence in the inquisitorial system?

Answer 9

• Written statements allowed
• Rules of evidence less strict – admissibility determined on basis of relevance
• Past convictions and character evidence may be considered

Question 10

What determines reliability of evidence?

Answer 10

The reliability of the evidence goes to weighting, not to its admissibility

Question 11

What are some notable differences between the adversary system and the inquisitorial system?

Answer 11

• Civil claims can be heard at the same time as a criminal trial if they occurred in the same incident
• Appeals allowed on issues of fact but not on issues of law
• Parties have less control of case
• Not one continuous trial
• Intermediate verdict
• Witnesses can give written statements and in narrative form
• Executive and Judicial arms of govt blurred at investigation
• Judge asks questions of Witnesses
• Presumption of innocence undermined?
• Less strict rules of evidence

Question 12

What Australian courts feature the inquisitorial system?

Answer 12

• Administrative tribunals
• Coroner’s court
• Magistrates court (minor claims)
• Independent commission against corruption