What Happens in a Criminal Trial in Queensland?
Understanding what happens during a criminal trial can help ease uncertainty if you or someone you know is facing criminal charges. This article provides a clear overview of what to expect in Queensland criminal courts, including how trials work, who decides the verdict, and what happens at each stage.
Will There Be a Jury in a Criminal Trial?
A jury will only be present if the criminal trial is held in the District Court or Supreme Court. These are Queensland’s higher courts and deal with indictable offences that are too serious to be dealt with in the Magistrates Court. Examples include:
- Rape
- Grievous bodily harm
- Drug trafficking
- Murder
- Manslaughter
In these cases, a jury decides whether the person on trial is guilty or not guilty based on the evidence presented.
Trials for less serious offences—known as summary offences—are held in the Magistrates Court, where a Magistrate decides the outcome without a jury.
What Does the Judge or Magistrate Do?
The judge (or Magistrate, for summary matters) ensures the trial runs fairly and in line with the law. They handle all legal questions, give directions to the jury, and maintain order in the courtroom.
If legal issues arise during the trial, the jury may be asked to leave the courtroom while the matter is resolved.
How Does a Criminal Trial Start?
The trial begins when the court opens and both the prosecution and defence introduce themselves to the judge.
Next is the arraignment—the formal reading of the charges. The defendant then enters a plea (usually “not guilty” in a trial).
If a jury is required, they are then empanelled. The defendant and prosecution each have the right to challenge a limited number of jurors before the final jury is selected. Once confirmed, the judge will instruct the jury to begin the trial and that they are now “in charge” of the defendant.
How Is Evidence Presented?
Both the prosecution and defence may give opening addresses to the jury.
The prosecution presents its case first by calling witnesses. These could include:
- The complainant
- Police officers
- Medical professionals
- Witnesses who heard an early complaint
Each witness can be questioned by both parties. After the prosecution finishes presenting evidence, the defendant may choose whether to present a case.
The burden of proof always rests with the prosecution. The defendant is not required to give evidence or call witnesses, and the jury must not hold that decision against them.
If the defendant chooses not to give evidence, their legal representative gets the final address to the jury. If the defendant does give evidence, the prosecution closes the case, and the defence does not get the last word.
Can the Public Watch a Criminal Trial?
Yes. Openness and transparency are key principles of our justice system, so most criminal trials are open to the public.
However, parts of a trial may be closed in certain circumstances. For example, special witnesses, such as children or vulnerable people, may give evidence in a closed courtroom.
What Happens After the Evidence Is Heard?
After all evidence has been presented and closing addresses delivered, the judge will summarise the case for the jury and provide legal directions.
The jury then retires to deliberate and reach a verdict.
In most cases, a unanimous verdict is required. However, in some circumstances, Queensland law allows for a majority verdict (where 11 out of 12 jurors agree) if the jury has been deliberating for at least 8 hours and the judge is satisfied that unanimity is unlikely.
What Happens After a Verdict?
- If the jury finds the defendant guilty, the judge imposes a sentence at a later date or immediately.
- If the jury finds the defendant not guilty, the defendant is immediately discharged and faces no penalty.
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If you or someone you know is facing a charge that could result in a criminal trial, contact our experienced criminal defence team today.
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