criminal trial process Flashcards
investigation / pre trial
SAPOL collects evidence for the prosecution to use within the trial to convict the accused.
arrest / pre trial
the lawful detention of someone in police custody as a result of committing a crime, about to commit a crime or reasonably suspected of committing a crime.
indictment / pre trial
the accused is charged on information before a magistrate, the accused is transferred from police custody to court custody.
suppression / pre trial
magistrate decides if accused’s name will be withheld from media publication.
bail application / pre trial
the accused can apply for bail, whereby they are released from custody whilst awaiting the commencement of the trial. However, bail can be rejected as a result of the seriousness of the offence or past criminal record.
preliminary hearing / pre trial
A preliminary/committal hearing occurs prior to the commencement of the trial and is a hearing which determines whether there is a prima facie case (based on the primary facts of the case is there enough evidence to proceed to trial).
- Upholds presumption of innocence, stops weak cases from going to trial, which saves tax-payer money.
pre-trial conference / pre trial
the final process before the commencement of the trial, determines if both parties are ready for trial, so a date can then be set.
Discovery also occurs where both parties present their arguments and evidence to one another so they can both adequately prepare for trial.
arraignment / trial
all trial participants including the jury pool are assembled in the court room, the charge is read out and the accused is required to plead not guilty.
examination in chief v cross-examination
examination in chief when the witnesses own party asks them open ended questions in order to illicit the facts of the case. the opposing party can then cross-examine the witness by asking leading questions in order to try and challenge the witness’s credibility. the witnesses own party can then re-examine them to clarify and matters arising out of examination.
the verdict / trial
the judge of jury apply the evidence to determine a verdict.
- guilty (the accused stands convicted and will be committed for a sentencing hearing).
- not guilty ( the accused is acquitted)
- hung jury (the jury cannot come to a decision and a mistrial is declared).
sentencing hearing / post-trial
both parties make submissions to the judge regarding the appropriate sanction. The prosecution provides all relevant documents needed to sentence the convicted, as well as victim impact statements. The defence provides document that could assist in mitigating the sentence such as character statements. The judge must also take into consideration the Sentencing Act.
appeals / post-trial
both parties have the right to appeal, the Court of Appeal
(a) dismiss the appeal and allow the verdict to stand
(b) quash a guilty verdict and acquit the accused
(c) quash a guilty verdict and order a re-trial
(d) alter the sentence, either increase or decrease the penalty
