More serious criminal cases are heard in the District and Supreme Courts. The procedure in these courts is very similar to the Local Court, but there is an important difference. Unlike a magistrate, the judge does not normally make decisions about an accused person’s guilt unless it is a judge alone trial. Judges are there to decide questions of law and procedure. In these courts, an accused person’s guilt or innocence is usually decided by a jury.

A jury trial starts with the formal reading of the charge (indictment). If there is a plea of not guilty then a jury of 12 is empanelled. The jury members are chosen at random from a jury list. Both the defence and the prosecution may challenge up to three jurors. The judge will excuse these jurors from the trial. This process is called empanelling the jury.

The trial then proceeds in much the same way as a hearing in the local court, although these courts tend to be a bit more formal and the trial process can be more involved. As a result they can be more daunting. Usually, when all the evidence has been given, both the crown prosecutor and defence counsel will address the jury. The judge will then sum-up the evidence and give instructions to the jury on how the law applies to the case. The jury then retires to consider its verdict.

If the accused is found guilty the judge may impose a penalty on that day, but usually sentencing is put off to another day. Some trials may be different, if you are unsure speak to the prosecutor.