Yes, you can have a judge-only trial in Australia for certain serious criminal cases, but it's not universally available and requires an application, with the court deciding based on "interests of justice," often to avoid jury prejudice (e.g., intense media) or complexity, though it's generally not allowed for Commonwealth crimes or in states like Victoria, Tasmania, or NT. Both the prosecution and defence can apply, with NSW having specific rules and criteria, like avoiding issues requiring "objective community standards".
A judge alone trial may be ordered if complex issues of law need to be weighed, which the judge feels might not be readily understood by a jury. Also, in cases where there has been a lot of publicity, a judge is considered to be less likely to be influenced by what happens outside the court room.
Disadvantages of Judge-Alone Trials
Critics argue that judge-alone trials bypass the important democratic principle of having the community involved in the decision-making process of a persons guilt. While judges are highly trained, they are not infallible. There is still a risk of legal misinterpretation or oversight.
“The trial on indictment of any offence against any law of the Commonwealth shall be by jury.” This means that jury trials are only mandatory for federal indictable offences, the most serious criminal offences such as terrorism and major drug importation offences covered by Commonwealth legislation.
132A Applications for trial by judge alone in criminal proceedings. (1) An application for an order under section 132 that an accused person be tried by a Judge alone must be made not less than 28 days before the date fixed for the trial in the Supreme Court or District Court, except with the leave of the court.
A judge-alone trial can occur if: Both the prosecution and the accused consent to it. The court determines it is in the interests of justice, even without the prosecution's agreement. There is a significant risk of jury interference, such as potential tampering or undue influence.
Types of Trials
There are many kinds of trials that take place in United States courtrooms every day. All trial types, however, can be categorized into 4 different case types: civil, criminal, juvenile and traffic. Civil Case – A trial that consists of a disagreement between two or more people or businesses.
Commonwealth trials must be before a jury – judge-alone trials are not allowed. The onus of proof is on the prosecution to prove its case to the criminal standard of beyond reasonable doubt. During the trial, the CDPP calls witnesses to support its case and may also produce other forms of evidence.
Once the jury returns their verdict, the trial judge has no power to 'overrule' their verdict. the jury's findings of fact are final. If the defendant is found guilty, they are then sentenced by the trial judge.
In Victoria, anyone attending for jury duty has their name put into a ballot, and the names drawn then go into a 'jury panel'. Jurors are then randomly selected from that panel. The chances of being called for jury duty are actually pretty low, with some 25,000 people summoned every year, and only 6500 becoming jurors.
Moreover, judges' fact-finding decisions are typically framed as “norm enforcement” and assumed to be more rational and objective than those of jurors.
David Lammy, the U.K.'s deputy prime minister and justice secretary, has announced plans to scrap jury trials for offenses that carry a likely prison term of less than three years. Judges, barristers and lawmakers have spoken out against the move.
For most state courts, potential jurors can be excused for valid reasons such as suffering severe financial hardship as a result of jury duty or being a medical caregiver, the sole caretaker of a young child or a full-time student.
If the jury consists of 12 jurors, a majority verdict is a verdict on which 11 of them agree; If the jury consists of 11 jurors, a majority verdict is a verdict on which 10 of them agree; If the jury consists of 10 jurors, a majority verdict is a verdict on which 9 of them agree (Juries Act 2000 (Vic) s 46(1)).
Trial by judge alone avoids the possibility of jurors accessing inadmissible or inappropriate materials. Numerous cases have been aborted as a result of this. In the English Court of Appeal, the case of R v Young demonstrated the risk of erroneous jury investigations.
Trials in criminal and civil cases are generally conducted the same way. After all the evidence has been presented and the judge has explained the law related to the case to a jury, the jurors decide the facts in the case and render a verdict. If there is no jury, the judge makes a decision on the case.
Juries are indispensable to our justice system, as it is they, not judges, who determine whether the accused person is guilty or not guilty, or whether the plaintiff in a civil trial has established their claim.
The law requires twelve (12) jurors to be seated in a criminal case and only eight jurors are required in a civil case. In a criminal trial, the jury must find a defendant "guilty" or "not guilty" by a unanimous vote. In civil cases, the law requires a vote of at least three-fourths of the jury to reach a verdict.
You can request to be excused from jury service for any of the following reasons:
In some cases, witnesses may be required to give evidence at a committal hearing. If the matter does go to a higher court, a trial will be conducted before a Judge and jury. In lower courts, a trial is usually called a “hearing” and is heard before a Magistrate.
Three of The Most Difficult Charges to Defend
The police need to have “reasonable grounds” to believe that a crime has been committed and that the person being charged is the one who committed it. This doesn't necessarily mean they need irrefutable proof or “hard evidence” like DNA or a confession at the time of charging.
By some estimates, only 2% to 3% of criminal cases go to trial. It's no secret that the overwhelming majority of criminal cases never reach trial. The prosecution may dismiss charges, perhaps because of a lack of evidence.
It is impossible to say with 100% certainty how long a criminal trial will last. It could take one day for the jury to reach a verdict, several months, or even multiple years. On average, 83% of felony cases are resolved within 365 days and 77% of misdemeanor cases are resolved within 180 days.
CRIMINAL TRIAL PROCESS STEPS