Jury Trial Process

District Court Trial Process

  1. Prior to the commencement of the trial, your lawyer will obtain a statement of instructions from you. This document is called a proof of evidence.
  2. You should carefully familiarise yourself with your proof of evidence.
  3. You should re-watch your Police interview and search video (if applicable, read the transcript and be familiar with what they said. You should familiarise yourself carefully with all of the evidence in the prosecution brief.
  4. On the first day of trial you will need to present at court security at the time your lawyer informs you to, usually 8.45am.
  5. Try to avoid bringing your keys, wallet, phone etc as these will be taken away by security and returned to you at the end of each day.
  6. You should attend Court neatly dressed in conservative attire. You should be well-groomed and presentable. A suit and tie and optional and should only be worn if you are uncomfortable wearing these.
  7. If you are on surety bail, your surety will need to attend to resign your surety on the first day of trial. Your bail conditions will be amended on the first day of trial to require you to travel directly between court and home each day without making any detours. You are permitted to visit your lawyer’s office either before or after Court.
  8. At the commencement of the charges will be read aloud to you, this process is known as the “arraignment” . You are required to enter pleas of guilty or not guilty to each charge in front of the pool of potential jury members. You should state “not guilty” in a clear, loud voice.
  9. The jury will then be empanelled. You have the right to challenge 3 of the jurors. You delegate this right to your lawyer, however you retain the right and may exercise the right independently if you are concerned about a potential juror.
  10. Challenges must be made prior to jurors commencing to swear the oath.
  11. Your solicitor will have a list of the jurors names and occupations. If you recognise any of the jurors, or the jurors recognise you, or are recognise any of the witnesses or companies involved in the case, this should be brought to the attention of your lawyer and the Court, and the Judge may decide discharge the juror from jury service.
  12. At the commencement of the trial, the judge will give the jury some instructions about how they should approach their task, this is known as a “charge”. They will be cautioned not to do any of their own research and to ignore any media coverage. The Judge will instruct the jury that their verdict must be based on the evidence alone and that they must not make up their mind until they have heard the entirety of the evidence.
  13. The prosecutor will then make an opening address which outlines their case against you. Your lawyer may also make an opening address.
  14. Following opening addresses, the prosecution case will proceed first, the prosecution witnesses will be called and the prosecutor will ask them questions, this is called “evidence in chief”. Your lawyer will then ask the witness questions, known as “cross-examination.” Cross-examination questions may seek to expose weaknesses in the case against you and may seek to damage the credibility or reliability of the prosecution’s witnesses. Following cross-examination, the prosecutor may ask questions to clarify matters arising from cross-examination, this is called “re-examination”.
  15. Once the defence case closes, you may elect to give evidence or to exercise your right to silence. You will need to provide this election not your lawyer in writing. You are able to change your mind at any time up until you are sworn in.
  16. The prosecution cannot put your character into issue, for example by asking you questions about your criminal record, except where your lawyer has chosen to put your character in to issue.
  17. Your lawyer will then call any defence witnesses, who will also give evidence in chief, cross-examination, and re-examination.
  18. Once the defence case is completed, the prosecutor will make a closing address to the jury, urging to the jury to find you guilty and the reasons why. Following this, your lawyer will make a closing address to the jury, outlining reasons that the jury should return a verdict of not guilty.
  19. Following closing addresses, the judge will summarise the evidence and closing addresses for the jury and will direct them about the law.
  20. A ballot will then be taken and 12 members of the jury panel will retire to consider their verdict (usually 14 jury members are empanelled at the beginning of the trial so that the trial can proceed if one of the juror’s is unable to attend due to illness).
  21. Up until the jury reach a verdict, if you are on bail at the start of trail you will be released on bail at the end of the day, you will be released about 30 minutes after the jury have departed so that you do not bump into them.
  22. Once the jury reach a verdict, Court will reconvene and the foreperson of the jury will be asked their verdict of “guilty” or “not guilty” in relation to each charge.