Unlocking the courtroom experience

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The Supreme Court building. PHOTO: BORNEO BULLETIN

Many people assume that legal proceedings are strictly off-limits to the general public.

Many people wonder whether they can attend court hearings as public spectators, often assuming that these legal proceedings are strictly off-limits to the general public.

However, this is not the case.

Courts are indeed accessible to members of the public who wish to observe the proceedings.

Attending court hearings as a public spectator is an opportunity to gain insight into the legal system and its workings.

It allows individuals to witness the administration of justice first-hand, promoting transparency and accountability within the legal process.

However, attending court cases without a legitimate reason might be seen as intruding into other people’s affairs, especially when case updates are readily available through public announcements and newspapers like the Bulletin.

The Bulletin, with its rich history of court reporting dating back to the establishment of conventional courts in the country, provides invaluable insights into courtroom proceedings.

To bring these experiences to the public, who better than one of the Bulletin’s own reporters, Fadley Faisal? With over two decades of reporting on cases ranging from criminal to civil, the courtroom reporter has learned the ins and outs by closely observing lawyers, judicial officers, and their daily interactions.

 

COURTROOM ETIQUETTES

To truly appreciate the significance of attending court sessions, one must understand that it should always be driven by a legitimate purpose. This purpose is often intertwined with the specific cases one is attending.

For instance, individuals attending court may be witnesses, assisting the prosecution as victims, or, naturally, suspects who are required to be present during legal proceedings. However, this list is by no means exhaustive.

Moreover, it’s important to acknowledge the role of law students pursuing their Latin Legum Baccalaureus (LLB) degrees.

They too can often be found in the courtroom, diligently observing cases to enhance their understanding of the legal system and its practical application.

 

PROPER BEHAVIOUR IN COURT

Even when you are in the public gallery of the court, it’s important to dress appropriately. If you’re worried about the courtroom’s temperature, consider bringing a sweater or jacket with you.

Visitors are expected to adhere to a certain dress code, which includes wearing smart attire such as long pants and closed-toe shoes.

Individuals dressed inappropriately, wearing slippers, or sporting short pants may be asked to leave the courtroom premises.

In the dominion of courtroom attendance, particularly during criminal cases, spectators typically occupy the public gallery. This designated seating area, situated in the front row on either side upon entering the courtroom, serves as the vantage point for those observing proceedings.

Upon stepping into the courtroom, one of the foremost considerations is the presence of the judicial authority figures. Magistrates, judges or justices of the high courts are commonly found seated at the primary bench, situated at the opposite end of the room, and clearly in command of the session.

As a mark of respect, it’s customary for individuals to bow or acknowledge the judicial officer before taking their seats.

Additionally, mobile phones must be diligently switched off or set to silent mode to maintain the decorum of the courtroom.

When arriving early and once more upon the entrance and exit of the judge or magistrate, it’s expected to rise and offer a bow or nod as a sign of courtesy. This level of respect is fundamental in fostering a sense of decorum within the courtroom.

Before entering the courtroom, it’s crucial to ensure that electronic devices, including mobile phones, are either powered off or set to “silent” mode to prevent any potential disruptions.

For those attending a hearing or meeting within the court, consulting the notice board is a helpful practice. It provides information regarding the specific courtroom or chamber where your case or matters of interest will be addressed.

Moreover, when near courtrooms or chambers, maintaining a soft-spoken demeanour is vital to avoid any undue interference with the ongoing court proceedings.

Members of the public attending a court hearing should adhere to the principle of sitting quietly and refraining from disrupting the proceedings. This practice aligns with the overarching ethos of courtroom decorum.

While most court proceedings, both civil and criminal, are generally open to public observation, it’s important to heed any specific notifications indicating otherwise.

Furthermore, when infants and young children accompany spectators, it’s essential to ensure their supervision and attentiveness throughout the proceedings.

It’s also important to note that the audio, video or still recording of court proceedings is strictly prohibited, serving as a safeguard to protect the integrity and privacy of the legal process.

 

ROLES AND DYNAMICS IN THE COURTROOM

In the intricate theatre of the courtroom, various actors and their distinct roles come together to ensure the smooth functioning of justice.

At the heart of courtroom logistics, we find the clerks and interpreters. They shoulder the responsibility of managing all essential court documents required during the trial.

Beyond paperwork, they play a pivotal role in aiding both the defendant and witnesses in grasping the intricacies of the proceedings and responding to the questions posed.

Central to many courtroom dramas, the defendant is the individual accused of committing an offence. During the trial, the defendant occupies a specific area known as the dock.

It’s important to note that the defendant, while in the dock, is generally not permitted to engage in direct communication with witnesses. Exceptions arise during cross-examination, particularly when the defendant chooses to represent themselves.

Magistrates and judges wield significant authority within the courtroom. Their primary function is to make critical determinations regarding the defendant’s guilt or innocence. Furthermore, they decide the appropriate penalties in accordance with the law.

Addressing them with the utmost respect, magistrates are referred to as “your honour”, while judges are addressed as “my lord”.

Witnesses, often key players in courtroom narratives, provide essential testimony. Positioned in the witness dock, they respond to questions posed by various parties involved in the trial.

Their accounts serve as crucial pieces of the puzzle in establishing the facts of the case.

Acting on behalf of the prosecution, the prosecutor is a legal professional tasked with the responsibility of proving the defendant’s guilt.

This task is accomplished by presenting compelling evidence and skilfully examining witnesses. Through their line of questioning, the prosecutor seeks to shed light on what was seen, heard, or experienced by the witness.

While the courtroom’s inner workings are typically open to the public, spectators play a more passive role.

They are encouraged to sit quietly at the back of the court, observing the proceedings with respect and restraint. This practice underscores the importance of maintaining decorum in the courtroom, allowing justice to take centre stage.

In a nutshell, each participant in the courtroom ecosystem plays a unique and indispensable role in ensuring the pursuit of truth and justice. Understanding these roles enriches our appreciation of the intricate dance that unfolds within the hallowed halls of the courthouse. – Rizal Faisal