District Court of NSW
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Criminal Jurisdiction - Trial

What happens at a criminal trial?
When committing an accused for trial the Magistrate will indicate the date the matter will first come before the District Court. The Court then manages the progress of the case.

If the accused maintains a “not guilty” plea on the listed trial date, a jury will normally be empanelled (in some circumstances the matter may proceed as a Judge alone trial). The prosecution will then present witnesses and evidence to support its case.

The onus rests with the prosecution to prove that the defendant committed the alleged offence. The defence can elect to cross-examine the prosecution witnesses or challenge the evidence. It can also call its own evidence or witnesses.

After all the evidence has been presented the judge will sum-up the case and advise the jury on questions of law. The jury then retires and deliberates.

If the jury returns the verdict of “not guilty”, the defendant is acquitted. If it returns a verdict of “guilty”, the accused is convicted and maybe sentenced either then, or at a later date determined by the Court.


Quicklinks
How Criminal Cases Begin
Sentence Hearings
Local Court Appeals

Related Sites
NSW Courts & Tribunals
Lawlink NSW
NSW Caselaw
LawAccess NSW
Legal Aid Commision
NSW DPP



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