Criminal Trial Courts Bench Book
Home
Table of contents
Recent updates
Book index
Search for:
Trial procedure
Outline of trial procedure
[1-000]
Introduction
[1-005]
Pre-trial procedures
[1-010]
The trial process
[1-015]
The course of the evidence
[1-020]
Addresses
[1-025]
Summing up
[1-030]
Jury deliberations
Judge-alone trials
[1-050]
Section 132 — Orders for a judge-alone trial
[1-055]
Section 132A — Applications for trial by judge alone in criminal proceedings
[1-060]
Section 133 — Verdict of a single judge
[1-065]
Procedural fairness
[1-070]
Apprehension of bias
[1-075]
Commonwealth offences
[1-080]
Additional resources
Child witness/accused
[1-100]
Definition of “child”
[1-105]
Competence generally
[1-110]
Competence of children and other witnesses
[1-115]
Sworn evidence
[1-118]
Unsworn evidence — conditions of competence
[1-120]
Jury directions — unsworn evidence
[1-122]
Use of specialised knowledge
[1-125]
Evidence in narrative form
[1-135]
Warnings about children’s evidence
[1-140]
Directions where general reliability of children in issue
[1-150]
Other procedural provisions applicable to children
[1-160]
Alternative arrangements when the accused is self-represented
[1-180]
Court to take measures to ensure child accused understands proceedings
Contempt, etc
[1-250]
Introduction
[1-253]
Jurisdiction
[1-255]
Alternative ways of dealing with contempt in the face of the court
[1-260]
Supreme Court — reference to the registrar or another Division
[1-265]
District Court — reference to the Supreme Court
[1-270]
Why transfer — the court as prosecutor, judge and jury
[1-275]
Procedure for summary hearing before trial judge
[1-280]
Initial steps
[1-285]
The charge
[1-290]
Adjournment for defence to charge
[1-295]
Conduct of summary hearing
[1-300]
Penalty
[1-305]
Further reading
[1-320]
The offence of disrespectful behaviour
[1-325]
Disrespectful behaviour — procedure
Cross-examination
[1-340]
Improper questions put to witness in cross-examination
[1-341]
Notes
[1-343]
Cross-examination of defendant as to credibility
[1-345]
Notes
Closed court, suppression and non-publication orders
[1-349]
Introduction
[1-350]
The principle of open justice
[1-352]
Court Suppression and Non-publication Orders Act 2010
[1-354]
Grounds for and content of suppression or non-publication orders
[1-356]
Other statutory provisions empowering non-publication or suppression
[1-358]
Closed courts
[1-359]
Self-executing prohibition of publication provisions
Checklist for suppression orders
Evidence given by alternative means
[1-360]
Introduction
[1-362]
Giving of evidence by CCTV and the use of alternative arrangements
[1-363]
Implied power to make screening orders
[1-364]
Warning to jury regarding use of CCTV or alternative arrangements
[1-366]
Suggested direction — use of CCTV or other alternative arrangements
[1-368]
Right to a support person
[1-370]
Suggested direction — presence of a support person
[1-372]
Giving evidence of out-of-court representations
[1-374]
Warning to the jury — evidence in the form of a recording
[1-376]
Suggested direction — evidence in the form of a recording
[1-378]
Pre-recorded interview by witness — preferred procedure
[1-380]
Evidence given via audio visual link
[1-382]
Directions/warnings regarding evidence given by audio/audio visual link
[1-385]
Complainant not called on retrial
Jury
[1-440]
Number of jurors
[1-445]
Anonymity of jurors
[1-450]
Adverse publicity in media and on the internet
[1-455]
Excusing jurors
[1-460]
Right to challenge
[1-465]
Pleas
[1-470]
Opening to the jury
[1-475]
Jury booklet and DVD
[1-480]
Written directions for the jury at the opening of a trial
[1-490]
Suggested (oral) directions for the opening of the trial following empanelment
[1-492]
Jury questions for witnesses
[1-494]
Expert evidence
[1-495]
Offences and irregularities involving jurors
[1-500]
Communications between jurors and the judge
[1-505]
Discharging individual jurors
[1-510]
Discretion to discharge whole jury or continue with remaining jurors
[1-515]
Suggested direction following discharge of juror
[1-520]
Discharge of the whole jury
[1-525]
Provision of transcripts
[1-530]
Suggested direction — use of the transcripts
[1-535]
Written directions
[1-540]
Verdict juries
[1-545]
Directed verdict juries
Oaths and affirmations
[1-600]
General oaths and affirmations
[1-605]
Procedure for administering an oath upon the Koran
[1-610]
Oaths and affirmations for jurors
[1-615]
Oaths and affirmations — view
[1-620]
Oaths and affirmations for sheriff’s officer upon sequestration of jury
Privilege against self-incrimination
[1-700]
Introduction
[1-705]
Explanation to witness in the absence of the jury
[1-710]
Granting a certificate and certificates in other jurisdictions
[1-720]
Notes
Self-represented accused
[1-800]
Conduct of trials
[1-810]
Duty of the trial judge
[1-820]
Suggested advice and information to accused in the absence of the jury
[1-830]
Empanelling the jury — right of accused to challenge
[1-835]
Notes
[1-840]
Cross-examination of complainants in prescribed sexual offence proceedings and vulnerable witnesses in criminal proceedings
[1-845]
Suggested procedure: ss 294CB, 294A
[1-850]
Suggested information and advice to accused in respect of a “prescribed sexual offence”
[1-860]
Suggested information and advice where s 294CB(4) does not apply
[1-870]
Suggested information and advice to accused’s intermediary
[1-875]
Direction re use of intermediary
[1-880]
Suggested direction to jury re use of intermediary
[1-890]
Cross-examination in proceedings for Commonwealth offences
Witnesses — cultural and linguistic factors
[1-900]
Introduction
[1-910]
Directions — cultural and linguistic factors