Civil v Criminal Trials

Similarities

• Both trial types follow principles of natural justice and ensure a fair trial:

  • Equal opportunity to present each side

  • The defendant is informed of the case against them

differences

• standard of proof

• jury use

• judge v jury roles in criminal trials

• trial by judge alone

standard of proof

• Criminal: Beyond reasonable doubt (higher standard)

• Civil: Balance of probabilities

• Reason: Criminal convictions may result in loss of rights or liberty

jury use

• Criminal (indictable offences): May involve a jury

• Civil: Rarely involves a jury

• Juries act as a safeguard against oppressive enforcement and bring community perspective into decision-making

Judge v Jury roles in criminal trials

• Judge: Legal decision-maker

  • Decides admissibility of evidence

  • Ensures proper procedure

  • Delivers directions to jury (explaining elements of the offence, legal tests, and evidence)

• Jury: Decides facts

  • Determines if the accused is guilty or not guilty

Trial by judge alone

In certain situations, an accused may choose to be tried by a judge alone, especially in complex or sensitive cases

Procedure

• Trial begins in District or Supreme Court.

• Both cases start with Opening Addresses:

  • Prosecution/Plaintiff (P) first.

  • Defendant (D) second.

Criminal Trial Procedure

• Prosecution case:

  • Witnesses called (including Investigating Constable (IC) and CEO).

• Defense case:

  • Witnesses called (including Investigating Constable (ICN) and CD).

• Closing addresses:

  • Prosecution then defendant.

• Deliberation:

  • Judge instructs jury to retire and deliberate (if jury trial).

  • If judge-alone trial, judge retires alone to deliberate.

• Verdict:

  • Judge or jury finds defendant guilty or not guilty.

Civil Trial Procedure

• Same structure: Opening addresses, plaintiff case, defendant case, closing addresses.

• Deliberation:

  • Judge retires alone to deliberate.

• Decision:

  • Judge finds defendant liable or not liable.