In New South Wales (NSW), when a person pleads not guilty to a criminal charge to be finalised in the District or Supreme Courts, the case proceeds to trial. Criminal trials in NSW are a crucial component of the justice system, where the court determines whether the accused is guilty or not based on the evidence presented. This article provides a straightforward overview of the key stages and procedures involved in criminal trials in NSW.
The Role of the Prosecutor in Criminal Trials
In NSW, the Office of the Director of Public Prosecutions (ODPP) is responsible for handling prosecutions in the District Court and higher courts. The prosecutor represents the Crown (government), and their task is to prove beyond a reasonable doubt that the accused committed the offence. The burden of proof rests entirely on the prosecutor, meaning they must present enough evidence to convince the court or jury of the defendant’s guilt.
On the other hand, the defendant has no obligation to prove their innocence. They are not required to call any witnesses or present evidence. The primary goal of the defence is to challenge the prosecutor’s case, often by pointing out inconsistencies or doubts in the evidence presented.
Judge and Jury in Criminal Trials
In NSW, most criminal trials are heard before a judge and jury. The jury, which typically consists of 12 members of the public, listens to the evidence and decides whether the accused is guilty or not guilty. However, in certain cases, a judge-alone trial is also an option, meaning the judge alone will determine the verdict.
For a judge-alone trial, specific conditions must be met.
- Both the prosecution and defence must agree.
- If the defence does not agree with the prosecution’s application for a judge-alone trial, the court cannot make an order.
- If the prosecution disagrees with the defence’s application, the court can only order a judge-alone trial if it’s in the interests of justice.
- The court can refuse a judge-alone trial if the case involves issues that require community judgment, such as reasonableness or negligence.
- The defendant must receive legal advice before the court makes a judge-alone trial order.
- The court may order a judge-alone trial if there is a substantial risk of jury interference that cannot be mitigated by other means.
For federal offences, however, the law mandates a trial by jury, regardless of whether both parties agree to a judge-alone trial. Crimes under the Criminal Code Act 1995 (Cth), for instance, require a jury to decide the case.
Opening Addresses in Criminal Trials
At the beginning of a criminal trial, once the jury has been selected, both sides present their opening addresses. This is where the prosecution outlines the charges and the evidence they intend to present. The goal of this address is to give the jury an understanding of the case and the evidence that will follow.
The Prosecution Case
The prosecution’s case typically involves calling witnesses to testify about what they saw, heard, or experienced concerning the alleged crime. In addition to witness testimony, the prosecution may also introduce evidence such as photographs, CCTV footage, documents, and medical reports to strengthen their case.
Once the prosecution’s witnesses have provided their evidence, they are subject to cross-examination by the defence. Cross-examination allows the defence to challenge the reliability and credibility of the prosecution’s witnesses, casting doubt on the prosecution’s case. The defence may also introduce its own evidence to counter the prosecutor’s claims.
The Defence Case
As noted earlier, the defence is not required to present any evidence, but they may choose to do so. If the defence calls witnesses or presents other evidence, those witnesses will also be subject to cross-examination by the prosecution, following the same procedure as in the prosecution’s case.
In some trials, the defence may decide not to present any evidence, relying solely on their cross-examination of the prosecution’s witnesses to establish reasonable doubt in the jury’s minds.
Closing Submissions in Criminal Trials
After both the prosecution and defence have presented their cases, they each give closing submissions. This is the final opportunity for both sides to summarise their arguments and demonstrate how the evidence supports their case. The prosecution will aim to convince the jury that the evidence proves the accused’s guilt beyond a reasonable doubt, while the defence will argue otherwise, often highlighting inconsistencies or gaps in the prosecutor’s case.
The Judge’s Summing Up and Jury Deliberation
Once closing submissions are complete, the judge provides the jury with a summing-up of the case. This includes a review of the evidence presented and the key legal principles the jury must consider. The judge also gives the jury directions on the law, explaining the standards they must apply when deciding whether the accused is guilty or not.
Following the summing-up, the jury retires to deliberate and reach a verdict. In most cases, the jury must reach a unanimous verdict (where all jurors agree on the decision). However, if the jury cannot agree after extensive deliberation, a hung jury may be declared, and the trial might need to be retried.
In certain circumstances, a majority verdict (where 11 out of 12 jurors agree) is allowed. This usually occurs when there are concerns about the jury being unable to reach a unanimous decision, though the situations allowing a majority verdict are limited.
For Commonwealth offences, such as those prosecuted under federal law, a unanimous verdict is always required.
Verdicts in Criminal Trials
If the jury (or the judge in a judge-alone trial) finds the accused not guilty, the accused is acquitted and free to go. If the jury or judge finds the accused guilty, the court will schedule a sentencing hearing to determine the appropriate punishment for the offence.
Seeking Legal Advice for Criminal Trials in NSW
If you or someone you know is facing criminal charges in NSW, it’s essential to seek legal advice from a qualified criminal defence lawyer. Criminal trials can be complex and stressful, but with experienced legal representation, you can navigate the process and ensure your rights are protected.
Legal professionals can assist in defending your case, helping you understand the procedures involved, and working towards the best possible outcome based on the evidence presented.
