Position, Purpose and Scope of Work of a Court Bailiff
The role of a court bailiff is one of fundamental importance to the proper functioning of the judicial system. Considering the wide range of duties, it is unsurprising that the job requires an individual with a strong understanding of criminal legislation, as well as court procedure. Even beyond the physical skills needed to carry out the work, the mental concentration required is not to be understated.
One of the most visible aspects of a bailiff’s job comes when they accompany a judge or magistrate in court. The bailiff is responsible for ensuring the smooth running of proceedings, which may include seating parties and witnesses or even leading them in and out of court. As well as this , the duties of the bailiff may also extend to keeping the court as a whole safe and secure. Again, this may involve ushering members of the public in the right direction through the courts and sometimes even remanding offenders into custody.
While all of the examples above are in many ways the most obvious for the role, it’s not just in the courtroom where a court bailiff can be found carrying out important duties. Indeed, there is a different team that works at the courts before proceedings take place. As a part of that team, a UK court bailiff can be responsible for some heavy lifting – namely moving prisoners and prisoners’ property to and from courts or other establishments.
Maintaining Security and Order
Court bailiffs also have a duty to maintain order and security in the courtroom. Breaches of order or of court rules may result in a judge summoning the services of a court bailiff to deal with the breach. The bailiff is obliged by law to obey those orders, (see section 40(5) of the Court and Crimes Act 1908 (the Act), and accordingly the bailiff has to use appropriate means to prevent such breaches. The extent of these powers is however already controlled by the Court rules which may confer discretionary powers on court bailiffs to search persons entering the court house and its related facilities.
Rule 267 of the District Court Rules confers discretion on District Court bailiffs to search persons and their belongings. Evidence obtained from searches may be admissible as evidence in court, but objections may be taken against this evidence if it is argued that the search was unreasonable. Rule 267 also determines that bailiffs may search persons without a warrant, but only when the person is entering the court house or any part of the court premises. However, Rule 267(4) gives the bailiff power to search people away from the court house if reasonably requested to do so by the presiding District Court Judge or Registrar.
Bailiffs may also search vehicles which are used to transport accused persons to and from court when they are held by the Department of Corrections (see s 46B of the Act). In order to be able to search successfully, a court bailiff may prevent persons from entering the court or by requesting them to leave. However, detaining a person without a warrant against his or her will is not part of a court bailiff’s duties (see s 40(4) of the Act).
Preparing and Managing the Courtroom
The court bailiff’s courtroom preparation and management duties involve preparing the courtroom for the commencement of court, managing the physical logistics of courtroom proceedings, and now, in the modern courtroom, the judge’s semi-technical assistant during hearings using audio and video, to streamline the administration of justice. These duties include but are not limited to:
• The opening of the court
• The ushering of the judge into the court
• The managing of witnesses
• The announcing of the case and the parties present
• The managing of the physical environment, which includes overseeing the layout of tables, lecterns, equipment, exhibits and documents, and connections to power
• The escorting of defendants to the inmates’ box (where physical restraints are worn)
• The managing of jurors whilst they are present (note: jurors are usually upstairs in the jury pool room until they are required)
• The telling of people when to sit or stand and when to speak
• The declaring of a ‘taking down by counsel’ order
• The managing of documents (note: in some State jurisdictions, the bailiff is the keeper of records)
• The managing of judicial staff
• The announcing of the conclusion of proceedings, and assisting with any administrative requirements at the end of each day, and
• The overseeing of any arrangements for the next stage of proceedings.
Facilitating Communication and Coordination
In addition to directly serving litigants and jurors, court bailiffs must also be highly effective communicators, coordinating with a broad array of court personnel to ensure the seamless function of the court. This involves relaying information between judges, court clerks, referees, courtroom attendants and others in a clear and efficient manner. They are responsible for ensuring that everyone is aware of court procedures, including trial procedures, jury selection and jury instruction.
Another key component of their communication duties is to help the judge prepare jury instructions . In either a civil or criminal trial, the judge provides a set of jury instructions outlining the particular legal standards at stake in the case. The judge collaborates with the lawyers from both sides to agree upon the appropriate legal standards, then seeks agreement on the language, tone, use of examples and other aspects of how to communicate these to the jury. Because bailiffs are often more familiar with the jury than anyone else, they often have an important role in advising the judge on how best to describe the legal standards.
Managing Legal Papers and Evidence Collection
In the performance of court services a court bailiff will be required to perform tasks relating to the handling of confidential and sensitive matters. This includes cases involving personal injury, divorce, family matters, immigration, and litigation. Court bailiffs may also be called upon to assist in criminal matters.
In their capacity as an officer of the court, they will often be required to handle items of evidence/court documents. This requires extreme diligence and attention to detail to ensure information is not misplaced, or accidentally disclosed. When court documents are handled there is a high level of confidentiality to its content. Items such as application packs filed under the ‘family law rules’, or case bundles for hearings are often highly confidential and sensitive in nature. Other items include subpoenas, witness summons, search warrants, notices to admit facts etc.
A court bailiff is required to be familiar with court documentation and rules contingent with this area of the law. This includes:
The duties of the court bailiff may also extend to the handling of court evidence. This may involve the retrieving and safekeeping of exhibits to hearings or trials, or more formally by collecting and packing trial bundles for prosecution in court.
Items may, subject to the particulars of the case both in terms of written or oral proceedings, be collected and sealed into evidence bags. Evidence may include photo evidence, video or audio material, any items presented at trial, documents of exhibits, weapons, personal property, or any other items presented to the court.
Also, a court bailiff is required to ferry legal documents from court to court. It is a duty expected of the bailiffs to act on behalf of a solicitor, lawyer or agent in this capacity.
Due to the nature of confidentiality attached to certain materials and documents, a court bailiff may be required to transmit files remotely to solicitors, in addition to notifying them as to whether or not items have been executed.
There is often a requirement for the court bailiff to observe the handing over or serving of legal documents. This may include observation of a litigation officer. Notably, when conducting these duties a court bailiff must be careful to observe for particular aspects of the court procedures and rules. These include (but are not limited to):
It is important for a court bailiff to safely and securely pack briefs of evidence to ensure that no items are lost or damaged whilst in transit. This is particularly important where the court bailiff is traveling internationally whilst working with international law, or in areas of much travel that entail a higher level of risk.
court bailiffs may be called to hold witnesses to account, and where necessary requesting that an individual submits proof of identification and/or appearing before them for an oath/affirmation accordingly.
Enforcing Obedience to Court Directives
One of the essential roles of the Court Bailiff is ensuring that litigants, witnesses and members of the public comply with the orders of the Court. In this respect, such Bailiff’s enforce arrest warrants, and have power to remove from the Court room individuals who may be disrupting proceedings, talking amongst themselves, engaging in behaviour that constitutes contempt of Court, or is otherwise in breach of an order of the Court. In giving evidence, witnesses and defendants in criminal matters are allowed certain protections (with regards to the evidence that can be given against them or procedural rights). However, such safeguards do not extend to providing immunity for such individuals to disrupt a Court hearing, talk amongst themselves or use electronic devices in Court without permission. Section 181 of the District Court Act 1967 (DC Act) provides that the powers of the District Court Bailiff’s (Court Bailiff’s) when they are acting in the performance of their functions, shall be the same as those of a Garda Síochana . Such powers include the power of arrest. Court Bailiff’s must take certain steps prior to arresting any individual; these are to apply to the Court for an arrest warrant, and if the situation permits, serve said warrant on the alleged offender. The reason for doing so is to ensure that if a person is alleged to have engaged in criminal behaviour, that person is treated in the same way as all others who are alleged to break the law, i.e. that the law is not applied selectively or in a manner that might be considered to discriminate against any one person. In some circumstances it may be necessary to arrest an individual who is in violation of a Court order. Examples may include persons who are in contempt of Court orders or engaged in harassment of others, or who cause a disturbance in Court being considered to be interfering with the administration of justice. In such circumstances the Court Bailiff may arrest such individual/s and remove them from the Court room.