Supreme Court and District Court

The trial

Trials in the Supreme Court or District Court are often complex and can take a long time, sometimes weeks. The process for a criminal trial is the same in both courts:

• when the judge is ready to hear the case the bailiff will call the defendant who will sit in the dock. The judge may grant a self represented defendant permission to sit at the bar table
• anyone else that wants to attend waits outside until the bailiff tells them to enter and sit in the public gallery
• when all parties are present the bailiff will call 'all rise' as the judge enters the courtroom and everyone stands until the judge sits down
• the jury panel comes in after the judge has arrived.
• the judge's associate reads out the charges and asks the defendant: "how do you plead, guilty or not guilty?"
• the defence lawyer or defendant stands and answer
• if the defendant pleads not guilty a jury is selected from the panel. If the defendant pleads guilty there is no jury.

Pleading guilty

If the defendant pleads guilty the judge will listen to submissions from both lawyers. The judge may decide the sentence straight away or set a date for a sentence hearing.

Witnesses will only be called if there is a dispute about the facts relevant to the sentence. Only the judge will hear this evidence.

Pleading not guilty

If the defendant pleads not guilty the trial may proceed as follows:

Prosecution case

The prosecution will start first in a trial. This may include:

• the Crown prosecutor will stand and outline the evidence against the defendant

• the bailiff will often call out the name of witnesses from outside the courtroom, escort them to the witness box and ask them to swear an oath on a holy book or make an affirmation to tell the truth

• the prosecutor will obtain evidence from each witness by asking questions. This is known as the evidence in chief

• the judge may also ask each witness a few questions.

In cases where the court is closed, members of the public are not be allowed in the courtroom while a witness gives evidence. The jury will be present.

Defence case

After the Crown prosecutor has questioned a Crown witness:

• the defence lawyer or the defendant may then question (cross-examine) the witness to confirm or contest their evidence

• the Crown prosecutor may re-examine their witness to clarify anything said.

When there are no more Crown witnesses, the defence lawyer or defendant may call defence witnesses and repeat the whole process.

The defendant is not obliged to call or give evidence.

Final submissions

After all witnesses are questioned, the following may happen:

• both the Crown prosecutor and the defence lawyer or defendant summarise their cases to the jury, which is called a closing address

• the judge explains to the jury the laws that apply to the facts of the case and sums up the arguments of the prosecution and defence

• the judge asks the jury to retire to the jury room to consider its verdict.

The decision

• if the verdict is 'guilty' the judge may pass sentence or set a date for a sentence hearing
• if the verdict is 'not guilty' the judge will dismiss the charges against the defendant and there cannot be an appeal to the Supreme Court or District Court.

At the end of the trial the judge adjourns the court and stands to leave. The bailiff calls 'all rise' and everyone stands until the judge leaves.