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Overseeing jury trials – the demanding job of a High Court judge

Jury trials are a rarity among the world’s legal traditions, but a fundamental bedrock of the common law system. The jury’s role as the decider of a defendant’s guilt makes them the natural centrepiece of a criminal trial, but an often overlooked part of the process is the role of the trial judge. The judge does not sit in the back seat while waiting for the jury to deliver its verdict; rather,…

Overseeing jury trials – the demanding job of a High Court judge

Jury trials, while infrequent, serve as the backbone of the common law system. The role of the trial judge is often underappreciated, as they are the conductor ensuring each party plays their part. This is a demanding task, especially when cases are complex and lengthy, involving multiple defendants, charges, and documents. Hong Kong's judiciary is chronically understaffed, leading to judges handling multiple long trials in close succession, with little free time for other hearings.

Even in regular weeks, a judge might deal with up to half a dozen bail applications or sentencing cases daily. This workload is immense, with trials often under public scrutiny, and requires exceptional judgment, stamina, and nerves. The judge's role shifts from referee to referee, closely monitoring proceedings and guiding the jury's decision-making.

The summing up, the final piece, is a crucial task where the judge must succinctly explain the law, identify key issues, and summarize the evidence. This requires careful balance and fairness, as any misstep could jeopardize the verdict and lead to further appeals. Despite the challenges, the role of the criminal judge remains vital in upholding liberty and justice in the legal system.

Written by urgent.news from South China Morning Post's reporting — not their text. Machine-written — may contain errors; check the original before relying on it.

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