the criminal trial process and the role of the jury in Queensland

What this dot point is asking

QCAA wants you to describe how a criminal matter moves through the Queensland courts, the features of the adversarial trial, and the role and composition of the jury. Expect a 3-5 mark short response in IA1.

The answer

The adversarial system

Queensland uses the adversarial system. Two parties (the prosecution and the defence) present competing cases before an impartial decision maker. The judge controls the trial and rules on questions of law and admissibility of evidence. The trier of fact (a jury for trials on indictment, or the magistrate for summary matters) decides the facts. The judge does not investigate; the parties choose what evidence to call.

Classification of offences

The classification of the offence determines where it is tried.

• Summary offences are minor offences heard by a magistrate sitting alone in the Magistrates Court of Queensland (no jury). Examples include public nuisance under the Summary Offences Act 2005 (Qld).
• Indictable offences are more serious and are generally tried on indictment before a judge and jury in the District Court of Queensland or the Supreme Court of Queensland. Some indictable offences may be dealt with summarily under the Criminal Code Act 1899 (Qld) ss 552A to 552BB.

The most serious offences (for example murder under the Criminal Code Act 1899 (Qld) s 302) are tried in the Supreme Court of Queensland.

Stages of a trial on indictment

1. Committal. A magistrate considers whether there is sufficient evidence to commit the accused for trial.
2. Arraignment and plea. The accused is formally charged and enters a plea of guilty or not guilty.
3. Empanelling the jury. A jury is selected from the jury pool. The prosecution and defence may challenge prospective jurors.
4. Opening addresses. The prosecution outlines the case it must prove.
5. Prosecution case. Witnesses are examined in chief, cross-examined by the defence, and re-examined.
6. Defence case. The accused is not obliged to give evidence (the right to silence and the privilege against self-incrimination).
7. Closing addresses. Both parties summarise their cases.
8. The judge's summing up. The judge directs the jury on the relevant law and the burden and standard of proof.
9. Verdict. The jury deliberates and delivers its verdict.
10. Sentence. If the accused is convicted, the judge imposes a sentence.

The role of the jury

In a trial on indictment, the jury is the trier of fact. Its role is to:

• listen to the evidence;
• apply the law as directed by the trial judge;
• decide whether the prosecution has proved each element of the offence beyond reasonable doubt;
• deliver a verdict of guilty or not guilty.

The jury does not decide questions of law and does not determine the sentence.

Juries in Queensland: the Jury Act 1995 (Qld)

The Jury Act 1995 (Qld) governs juries in Queensland.

• A criminal jury consists of 12 jurors (s 33). The court may also order reserve jurors.
• Jurors are randomly selected from the electoral roll.
• The Act sets out who is ineligible, disqualified or excused from jury service (for example, lawyers, police officers, and people with certain criminal convictions).
• A unanimous verdict is generally required. Queensland permits a majority verdict of 11 to 1 for some offences after the jury has deliberated for a reasonable time, but a unanimous verdict is required for murder and certain other offences (Jury Act 1995 (Qld) s 59A).

The standard and burden of proof at trial

The prosecution bears the burden of proving the charge beyond reasonable doubt. The accused enjoys the presumption of innocence, recognised at common law and supported by the Human Rights Act 2019 (Qld) s 32(1). The accused does not have to prove innocence.

Examples in context

Example 1. A murder trial in the Supreme Court of Queensland. A person charged with murder under the Criminal Code Act 1899 (Qld) s 302 is committed for trial after a committal hearing, arraigned, and tried before a Supreme Court judge and a jury of 12. The prosecution calls its witnesses, the defence cross-examines, and the accused may choose not to give evidence. After the judge's summing up, the jury must reach a unanimous verdict because the charge is murder. If the jury convicts, the judge alone imposes the sentence.

Example 2. A summary assault heard in the Magistrates Court. A common assault dealt with summarily under the Criminal Code Act 1899 (Qld) is heard by a magistrate sitting without a jury. The magistrate decides both the facts and the law, applies the beyond reasonable doubt standard, and (on conviction) sentences the defendant. There is no jury at this level.

Try this

Q1. Distinguish between summary and indictable offences with reference to where each is tried in Queensland. [3 marks]

• Cue. Summary offences: minor, heard by a magistrate alone in the Magistrates Court, no jury. Indictable offences: serious, generally tried on indictment before a judge and jury in the District or Supreme Court.

Q2. Explain the role of the jury in a criminal trial in Queensland. [4 marks]

• Cue. Trier of fact; applies the law as directed by the judge; decides whether each element is proved beyond reasonable doubt; delivers a verdict of guilty or not guilty; does not decide sentence.

Q3. Outline two features of juries under the Jury Act 1995 (Qld). [2 marks]

• Cue. 12 jurors for a criminal jury (s 33); selected at random from the electoral roll; unanimous verdict generally required, with majority verdicts (11 to 1) permitted for some offences but not murder (s 59A).