The Trial
Dependant on jurisdiction. See Judges Benchbook 5B. But the fundamental parts in a higher court are:
1. Any argument as to admissibility on voir dire
2. Arraignment (s 598 Criminal Code) - plea
3. Empanelling the jury
4. Prosecution Opening Address (s 619)
5. Prosecution present evidence through witnesses
- Each witness in turn:
* Witness sworn
* Prosecution leads the evidence in chief
* Defence can cross examine
* Prosecution can re-examine
6. Defence can make no-case submission - If successful directed verdict (No. 14 Judges Benchbook)
7. If unsuccessful and defence choose to give evidence - defence opening address
8. Then Defence present any evidence through witnesses
* Defence leads the evidence in chief
* Prosecution can cross-examine
* Defence can re-examine
9. Closing statements: If the defence have given evidence defence closes and then prosecution closes. If defence has not given evidence prosecution close first then defence.
10. Judges summing up and directions (if there is a jury)
11. Verdict
12. Sentence
1. Any argument as to admissibility on voir dire
2. Arraignment (s 598 Criminal Code) - plea
3. Empanelling the jury
4. Prosecution Opening Address (s 619)
5. Prosecution present evidence through witnesses
- Each witness in turn:
* Witness sworn
* Prosecution leads the evidence in chief
* Defence can cross examine
* Prosecution can re-examine
6. Defence can make no-case submission - If successful directed verdict (No. 14 Judges Benchbook)
7. If unsuccessful and defence choose to give evidence - defence opening address
8. Then Defence present any evidence through witnesses
* Defence leads the evidence in chief
* Prosecution can cross-examine
* Defence can re-examine
9. Closing statements: If the defence have given evidence defence closes and then prosecution closes. If defence has not given evidence prosecution close first then defence.
10. Judges summing up and directions (if there is a jury)
11. Verdict
12. Sentence