The trial
In our legal system, a person accused of an offence is known as the defendant and is believed to be innocent until proved to be guilty beyond all reasonable doubt.
'Beyond reasonable doubt'
It is the responsibility of the prosecution to bring a case against a defendant. To be convicted of any offence, the case against a defendant must be proved ‘beyond reasonable doubt’. This means that the District Judge (MC) or jury cannot find a defendant guilty unless they are satisfied that there is enough proof for the person accused of the crime to be judged guilty.
The trial process
Criminal trials usually take place in what is known as 'open court'. This means that the media and members of the public are allowed to go and listen to the trial.
If a defendant pleads 'not guilty', the prosecution and defence call and examine witnesses and present to the judge and jury opposing versions of the case. Strict rules govern how this is done. If the defendant pleads 'guilty', the judge will decide an appropriate sentence.
The trial begins with the prosecutor outlining the facts of the prosecution’s case to the court. The prosecution will then call each witness in order. Before giving evidence witnesses must take an oath holding a religious text, or promise to tell the truth (affirm).
When the prosecution has finished presenting its evidence then the defence case opens.
After listening to all the evidence the magistrate, or jury (if a Crown Court), will decide on whether the defendant is guilty or not guilty.
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