1. Pre-Trial Steps
Before the trial begins, several important processes occur:
- Committal and indictment: The accused is charged and, if committed to trial, the Director of Public Prosecutions (DPP) files an indictment in the appropriate court.
- Pre-trial directions hearings: The judge and parties clarify issues, evidence, and witness lists.
- Jury panel summoned: A pool of jurors is called to attend court for possible selection.
2. Arraignment and Jury Selection
Arraignment: The accused is formally called upon to plead to the charges (“guilty” or “not guilty”) before the trial starts.
Jury empanelment:
- Usually 12 jurors are selected at random from the jury panel.
- Both prosecution and defence may exercise challenges (peremptory or for cause). Once sworn, the jury is given a brief outline of their duties.
3. Judge’s Opening Remarks
The judge explains:
- The trial process,
- The presumption of innocence,
- The standard of proof (“beyond reasonable doubt”),
- The roles of the judge (law) and jury (facts).
4. Prosecution Case
Prosecution opening address: Sets out what the prosecution expects to prove.
Presentation of evidence:
- Witnesses are called and examined (examination-in-chief),
- Cross-examined by the defence,
- Possibly re-examined by the prosecution.
- Exhibits (documents, photos, recordings) are tendered.
- When the prosecution finishes, it closes its case.
5. Defence Case
The defence may make a “no case to answer” submission (arguing insufficient evidence to convict).
If proceeding:
- The defence opening address outlines its case.
- Defence witnesses (including the accused, if they choose to testify) give evidence.
- Each witness is cross-examined by the prosecution and possibly re-examined.
6. Closing Addresses
Prosecution closing address: Summarises the evidence and argues for a guilty verdict.
Defence closing address: Highlights reasonable doubt or weaknesses in the prosecution’s case.
7. Judge’s Summing Up (Charge to the Jury)
The judge reviews:
- The law relevant to the charges,
- The elements that must be proven,
- The burden and standard of proof,
- The key evidence (without expressing bias).
- The judge directs the jury on how to approach deliberation.
8. Jury Deliberation
- Jury retires to a private room to consider their verdict.
- They must try to reach a unanimous verdict (though majority verdicts of 10–2 may be allowed in certain cases under WA law).
- Jury can ask the judge questions through written notes.
9. Verdict
The jury returns and delivers its verdict:
- Guilty or Not guilty on each count.
- If not guilty, the accused is acquitted and released.
- If guilty, the matter proceeds to sentencing (either immediately or at a later date).
10. Sentencing (if convicted)
The judge alone determines the sentence.
Both sides may present submissions regarding penalty, prior record, mitigating factors, and victim impact.
11. Appeals
The convicted person may appeal to the Court of Appeal (WA) on:
Conviction (error of law, miscarriage of justice), and/or Sentence (too severe).
