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…
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…
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…
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…
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…
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…