The following are the main stages of the criminal trial process, from arrest through to sentencing. 

Stages of a Criminal Trial 

• Arrest
• Charge
• Plea
• Committal
• Trial 
• Sentencing 

Arrest and Police Interview 

The process usually begins with an arrest. Police must have a lawful reason to arrest a person. Lawful reasons for police to arrest a person include reasonable suspicion or an arrest warrant. 

After being arrested, a person is taken to a police station for questioning. At the police station, a person has the right to speak to a lawyer before an interview, and the person has the right to remain silent. Anything you say can be used as evidence later. 

Charge and First Court Appearance

If there is enough evidence, a person may be charged. A person may receive a court attendance notice to appear in court on a later date, be granted police bail or be refused bail and held in custody.

The first court date usually takes place in the Local Court, often on the same or the next day. At court, the charges are read, and the judge decides whether a person will be granted bail while the proceeding continues. 

The Early Appropriate Guilty Plea Scheme 

For more serious offences, the early appropriate guilty plea scheme may apply. Pleading guilty early can result in a sentencing discount of up to 25% if the plea is entered before committal. 

If a person pleads not guilty to the charges, the matter will proceed. 

Committal Proceedings

The matter remains in the Local Court, and the prosecution serves a brief of evidence. If represented, parties may hold a case conference to negotiate the charges. The Local Court judge may commit the case to a higher court for trial. 

The Trial

Serious criminal trials are usually heard in the District Court or Supreme Court before a judge and jury. 

The prosecution presents its case, and the defence challenges the evidence. The jury decides the verdict of whether the accused is guilty or not guilty. 

Sentencing

If a person is found guilty or pleads guilty, the court moves to sentencing. Factors considered during sentencing include the seriousness of the offence, the person’s criminal history, remorse and prospects of rehabilitation before deciding upon a penalty. 

About Post Author

Brian Walker

B.Acc., GradDipLegPrac, Juris Dr
Barrister & Accountant.
Former Criminal Defence Solicitor. Former Federal Prosecutor for the Commonwealth Director of Public Prosecutions prosecuting Commonwealth crimes relating to drugs and child exploitation. Former Australian Federal Police member litigating proceeds of crime matters. Former Australian Taxation Office employee investigating offshore tax evasion matters.

Post Created by Jesslyn Duong, paralegal.

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