FIGURE4 Procedure for a trial in a higher court with a jury
The judge’s associate reads out the offence(s).
The accused is asked to plead guilty or not guilty.
The accused pleads guilty and is sentenced by the judge.
The accused pleads not guilty and the trial begins.
The prosecutor speaks to the jury, telling them what the alleged offence is and what the evidence is expected to show.
The defence lawyer may also make an opening statement.
The prosecution calls witnesses to the witness box to give evidence. They can be cross-examined by the defence. The prosecutor may re-examine each witness.
The defence calls witnesses to give evidence. They can be cross-examined by the prosecution. The defence may re-examine each witness.
After all the evidence has been presented, both sides summarise their cases to the court.
The judge summarises the case. The judge explains the evidence and clarifies points of law for the jury.
The jury leaves the courtroom to consider its verdict.
If the jury’s verdict is not guilty, the accused is free to leave the court.
If the jury’s verdict is guilty, the accused is sentenced by the judge.
496 Jacaranda Humanities Alive 7 Victorian Curriculum Third Edition
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