The Trial Process in Queensland
If you have been committed for trial in the District Court, this page explains what happens from indictment to verdict — including the pre-trial process, how a jury trial works, what a judge-alone trial looks like, and what happens after the verdict. Understanding the process does not replace legal advice, but it helps you know what to expect.
From Committal to Trial
After a committal proceeding in the Magistrates Court, the matter is transferred to the District Court. The Office of the Director of Public Prosecutions (ODPP) takes over the prosecution from the Police Prosecution Corps. Indictment The ODPP prepares and presents an indictment — the formal document that sets out the charges you will face at trial. The indictment may differ from the original charges: the DPP has the discretion to add, amend, or withdraw charges based on its own assessment of the evidence. The indictment must be presented within six months of committal (section 590(1) of the Criminal Code ). Arraignment At the beginning of the trial or sentencing proceedings, you are arraigned — formally informed of the charges set out in the indictment and called upon to plead guilty or not guilty (section 597C of the Criminal Code ). The indictment is read by the judge's associate, and you enter your plea. If you plead not guilty, the trial proceeds. This is the formal commencement of the trial. Pre-trial directions Under section 590AA of the Criminal Code (Qld), either party can apply for directions or rulings before trial, or the judge may direct the parties to attend. These directions cover: Disclosure — ensuring the defence has received all material the prosecution intends to rely on, and any material that could assist the defence Admissibility of evidence — whether specific pieces of evidence will be allowed at trial Joinder or severance — whether multiple charges or multiple co-accused should be tried together or separately Expert evidence — exchange of medical, psychiatric, and other expert reports Any other matters to assist the efficient conduct of the trial Trial date A trial date is set, usually several months after committal, depending on the complexity of the matter and the court's calendar. → Read about the committal process
How a Jury Trial Works
Most District Court trials in Queensland are heard before a judge and a jury of twelve. The jury decides the facts — did the prosecution prove what it says happened? The judge decides the law — what legal elements must be proved, what evidence is admissible, and how the jury should be directed. Empanelment A jury of twelve is selected from the jury panel. Each prospective juror's name is drawn from a ballot box. The defence and prosecution each have a limited number of peremptory challenges — the ability to exclude a prospective juror without giving a reason. In a criminal trial, each side has 8 peremptory challenges (section 42(3) of the Jury Act 1995 (Qld)). Jury selection strategy is part of the trial preparation. Judge's preliminary instructions Before the evidence begins, the judge explains to the jury their role, the importance of not discussing the case outside the jury room, the prohibition on independent research (including internet searches), and the principal issues in the case. Prosecution opening The prosecutor opens with an outline of the case — what the prosecution says happened, what evidence it will call, and what it asks the jury to find. Prosecution evidence The prosecution calls its witnesses. Each witness gives evidence-in-chief (answering the prosecutor's questions) and is then cross-examined by the defence. Cross-examination is where the prosecution case is tested — inconsistencies are exposed, the reliability of observations is challenged, and facts favourable to the defence are established. The prosecutor may then re-examine on matters raised in cross-examination. No case to answer After the prosecution closes its case, the defence may submit — in the absence of the jury — that there is no case to answer. If the judge agrees that the prosecution evidence, taken at its highest, could not sustain a conviction, the judge directs the jury to return a verdict of not guilty. This is uncommon, but it is a significant outcome when it occurs. Defence case If the case proceeds, the defence may call evidence — including your own evidence, other witnesses, and documentary material. You are not required to give evidence. You have an absolute right to silence, and the prosecution cannot comment adversely on your decision not to give evidence. Whether giving evidence helps your case is a tactical decision made with full advice from Sacha and, where briefed, counsel. Closing addresses Both sides address the jury — summarising their case, identifying the key issues, and explaining why the evidence supports their position. The closing address is where the trial preparation comes together. Judge's summing up After closing addresses, the judge sums up the case for the jury. The judge: Identifies the legal elements the prosecution must prove for each charge Directs the jury on the standard of proof — beyond reasonable doubt Summarises the key evidence relied on by each party Gives directions on specific legal issues that arise in the case Jury deliberation and verdict The jury retires to the jury room to deliberate. The verdict must be: Unanimous for murder and offences carrying mandatory life imprisonment (section 59 of the Jury Act 1995 (Qld)) For all other offences, if the jury cannot reach a unanimous verdict after at least 8 hours of deliberation (not including meals, breaks, or overnight adjournment), the judge may accept a majority verdict — 11 out of 12 jurors, or 10 out of 11 if a juror has been discharged (section 59A of the Jury Act 1995 ) A verdict of not guilty results in your immediate acquittal and discharge. A verdict of guilty proceeds to sentencing.
Judge-Alone Trials
Not every District Court trial is heard before a jury. Under sections 614 and 615 of the Criminal Code (Qld), either the accused or the prosecution may apply for a no jury order — a trial by judge sitting alone. The application The application must be made under section 590AA before the trial begins. The court may make a no jury order if it considers it is in the interests of justice to do so (section 615(1)). If the prosecution applies: The court may only make the order if the accused consents to it (section 615(2)). If you do not consent, a prosecution application cannot succeed. Factors the court considers Without limiting the general "interests of justice" test, section 615(4) identifies specific factors: The trial, because of its complexity or length, is likely to be unreasonably burdensome to a jury There is a real possibility of jury intimidation There has been significant pre-trial publicity that may affect jury deliberations When the court may refuse The court may refuse a no jury order if the trial involves factual issues that require the application of community standards — for example, issues of reasonableness, negligence, indecency, obscenity, or dangerousness (section 615(5)). How a judge-alone trial works The trial follows the same structure — prosecution case, defence case, closing submissions — but without empanelment, jury directions, or summing up. The judge decides both the facts and the law. The judge must deliver a reasoned verdict, setting out the principles of law applied and the findings of fact relied upon. When a judge-alone trial may be advantageous Sacha will advise on whether a no jury order application is appropriate in your case. It may be advantageous where: The issues are legally or factually complex and a jury may struggle with the detail There is a risk of jury prejudice — for example, in cases involving significant media coverage or community figures The nature of the evidence is technical and better assessed by a judge The decision is always discussed with you. If Sacha recommends applying for a judge-alone trial, she will explain why.
The Role of a Barrister
Not every District Court trial involves a barrister. For some shorter trials, Sacha appears as the sole advocate. As a former barrister sole, Sacha has experience appearing as lead counsel in contested criminal matters. A barrister is typically recommended where: The trial is expected to run for multiple days The charges carry substantial maximum penalties The legal issues are complex — multiple pre-trial applications, expert evidence, or novel points of law The matter involves co-accused and separate representation is required If Sacha recommends briefing counsel, she will explain why, what the additional cost will be, and who the recommended barrister is. Barrister fees are separate from the solicitor's fee and are always quoted and agreed before any brief is delivered.
If You Are Acquitted
An acquittal means the charge is dismissed. Whether by jury verdict or judge-alone determination, you are discharged immediately. An acquittal does not automatically erase the effect of having been charged — bail conditions, media reporting, and employment consequences may have already occurred — but the legal matter is over.
If You Are Convicted
If you are convicted at trial, the matter proceeds to sentencing. The sentencing hearing may take place immediately after the verdict or may be adjourned to a later date. Sentencing submissions. Sacha prepares submissions on sentence, including relevant mitigating factors, your personal circumstances, and the appropriate sentencing range. Sentencing submissions and the sentencing hearing are included in the trial fee. No plea discount. Because you have been convicted after a trial rather than pleading guilty, the sentencing discount for a timely guilty plea under section 13 of the Penalties and Sentences Act 1992 (Qld) is not available. The court will be aware that the matter proceeded to trial. Appeal. You have the right to appeal both the conviction and the sentence to the Court of Appeal. Sentence appeals require leave (permission) to appeal under section 671 of the Criminal Code . Conviction appeals may lie as of right on a question of law, or by leave on other grounds. The time limit for filing an appeal is one calendar month from the date of conviction or sentence. → Read the full guide to criminal appeals
Preparation — Where Trials Are Won
A trial is not won on the day. It is won — or lost — in the months before the hearing date. By the time the trial begins, the work that determines the outcome has already been done: Every witness statement has been reviewed for inconsistencies, weaknesses, and opportunities Cross-examination has been planned for each prosecution witness — not improvised Defence evidence has been identified and prepared — expert reports obtained, witness statements taken, documentary material assembled Legal arguments have been researched and written submissions prepared for contested evidentiary issues Pre-trial applications — evidence exclusion, severance, disclosure — have been identified and pursued where they would materially affect the trial If you are to give evidence, pre-trial conferences prepare you for what to expect — from examination-in-chief through to cross-examination by the prosecution. A well-prepared trial is not a performance. It is the product of thorough and careful work done long before the courtroom doors open.
Frequently Asked Questions
How long does a District Court trial take?
It depends on the charges and the evidence. A straightforward trial may take two to three days. Complex matters with multiple charges, expert evidence, or pre-trial applications can run for one to two weeks or longer.
Do I have to give evidence at trial?
No. You have the absolute right to remain silent. The prosecution cannot comment adversely on your decision not to give evidence. Whether giving evidence helps your case is a tactical decision that Sacha will discuss with you in detail.
What is a majority verdict?
If the jury cannot reach a unanimous verdict after at least 8 hours of deliberation, the judge may accept a majority verdict — 11 out of 12 jurors, or 10 out of 11. This does not apply to murder or offences carrying mandatory life imprisonment, which always require a unanimous verdict.
Can I choose a judge-alone trial?
You can apply for one. The court decides whether to grant the application based on the interests of justice. Sacha will advise on whether a judge-alone trial is likely to be advantageous in your case.
What if a prosecution witness changes their story at trial?
If a witness departs from what they said in their written statement or at the committal, the defence can use the prior inconsistent statement to challenge their credibility. This is one reason why cross-examination at committal — if granted — can be strategically valuable.
Will I go to prison if I am convicted at trial?
Not necessarily. The sentence depends on the charge, the circumstances of the offending, and your personal circumstances. District Court matters carry higher maximum penalties than the Magistrates Court, and a custodial sentence is more common for serious charges — but it is not inevitable. Sacha will give you an honest assessment of the sentencing range before the trial.
Can I appeal if I am convicted?
Yes. You can appeal both the conviction and the sentence to the Court of Appeal. The time limit is one calendar month from the date of conviction or sentence. Sacha will advise on whether an appeal has genuine prospects.