Criminal Trial Procedure

Question 1

Outline the process of a simplified criminal trial.

Answer 1

Pre-trial:
1. Arrest & charge
2. The accused enters a plea of not guilty and bail hearing occurs

Trial:
1. Opening addresses
2. Prosecution Case - evidence: witness testimony or non-oral evidence
3. Defence Case - evidence: witness testimony or non-oral evidence
4. Closing addresses
5. Judge instructs the Jury
6. Jury retires (leaves courtroom) to deliberate (contemplate)

If jury has the conviction that prosecution has proven their case to the required standard of proof, they deliver:
1. Verdict - guilty or not guilty
2. If guilty, judge sentences the offender (prosecution) at a Sentencing Hearing.