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Criminal Trials

What happens in a Criminal Trial

The accused appears in the dock and a document known as an 'indictment' is presented by the prosecutor. The indictment details the alleged offence. It is read by the judge's associate to the accused who is asked to plead 'guilty' or 'not guilty'. This process is referred to as the arraignment.

If the accused pleads 'guilty', he or she will be sentenced by the judge. If the accused pleads 'not guilty' the trial begins.

The prosecutor starts with an address to the jury, outlining the State's case against the accused, and then calls witnesses to give evidence, who the defence can cross-examine. After the cross-examination has finished, the prosecutor may re-examine the witness. The defence case follows the same procedure.

After all the evidence has been presented, the prosecution and the defence review their cases in final addresses to the jury. The judge then goes through the evidence clarifying any points of law for the jury.

The jury leaves the courtroom to consider the evidence and try to reach a verdict. If the jury's verdict is 'not guilty', the accused is said to have been acquitted and is usually free to leave the court.

If the jury's verdict is guilty, the accused is said to have been convicted. To reach a verdict of guilty, the jury must find that the prosecution case has been proved beyond reasonable doubt.

The convicted person becomes "the prisoner" and will be sentenced by the judge. Sometimes the judge may remand the prisoner in custody for sentencing on another day. This usually happens when the judge needs more information, such as medical or other special reports, which he or she may need to take into account when handing down sentence.