Criminal Trial Proceedings
Credit: His Hon. Jeffrey Gazzledorf
0. Evidence Submission and Review
Judge must be provided with exact charges, including the prison time, and fines for each charge by the arresting officer.
Prior to arraignment, all evidence must be submitted via official emails to the court registry.
Both the prosecution and defense are granted full access to all submitted evidence.
A scheduled timeframe is provided for both parties to review the evidence and form their arguments.
Once both parties confirm readiness, the trial proceeds.
1. Arraignment: Plea Entered
The accused’s legal representative must take the stand.
Each charge is read aloud in court by the judge.
The accused must respond to each charge with either:
“Guilty”
“Not Guilty”
If a Guilty plea is entered:
That charge will not be contested further.
The accused will be sentenced accordingly at the conclusion of the trial.
If a Not Guilty plea is entered:
That charge will proceed to full hearing in court.
2. Jury Empanelment (If Applicable)
For indictable offences heard in higher courts, a jury of three or more is selected.
Jurors are sworn in and instructed to:
Remain impartial.
Consider only evidence presented in court.
Deliver a verdict based strictly on the law and presented facts.
3. Opening Remarks
The judge begins by stating:
“I will now hear opening remarks. Will the prosecution please approach the stand.”
After hearing the prosecution,
“Thank you, now may the defense please approach the stand and issue their opening remarks.”
a) Prosecution’s Opening Statement
The prosecution outlines the case against the accused.
They summarise:
The nature of the charges.
The evidence to be presented.
The witnesses they intend to call.
The objective is to demonstrate how the evidence will prove guilt beyond reasonable doubt.
b) Defense’s Opening Statement
The defense presents their opening remarks after the prosecution.
They will:
Challenge the prosecution’s claims.
Raise doubt or propose alternative explanations (e.g. mistaken identity, consent).
Outline their own line of defense and evidence strategy.
4. Trial Proceedings: Charge-by-Charge Basis
Each charge with a Not Guilty plea is handled individually.
For each charge:
Prosecution Presentation
Refers to evidence relevant to the specific charge.
May call witnesses (avoiding repeat calls where possible).
Refers only to pre-submitted evidence.
Defense Cross-Examination
Cross-examines any prosecution witnesses for the charge.
Defense Presentation
Presents their argument and evidence.
May call defense witnesses.
Rebuttal Process
The prosecution may issue a rebuttal.
The defense may respond.
Rebuttals continue until both parties have no further arguments on that charge.
A.R.E.S Unit is NOT required to provide name or personal information as a witness to protect the identity of the operator.
All Other Witnesses are required to answer fully and truthfully under oath.
5. Closing Addresses
a) Prosecution Closing Statement
Summarises the case.
Highlights key evidence and witness testimonies.
Argues that guilt has been proven beyond reasonable doubt.
b) Defense Closing Statement
Points out inconsistencies in the prosecution’s case.
Reinforces doubt and presents alternative interpretations.
Argues for a Not Guilty verdict.
6. Judge’s Directions to the Jury (If Jury Trial)
The judge outlines the relevant law and jury responsibilities.
Emphasisis:
The presumption of innocence.
The need for evidence-based decisions.
The legal thresholds for conviction.
7. Jury Deliberation and Verdict
The jury retires to consider each charge independently.
A verdict must be:
Unanimous or a majority decision (e.g. 2 out of 3 in a 3-person jury).
Verdict options:
Guilty: Proceed to sentencing.
Not Guilty: The accused is acquitted on that charge.
If the trial is conducted without a jury, the judge may either:
Retire briefly to consider a verdict, or
Deliver the verdict immediately if confident in their decision.
8. Sentencing
If found guilty:
Officers will enforce the punishment issued by the judge.
If found not guilty:
The charge will not appear on the accused’s record.
No legal consequences will follow for that specific charge.
Last updated