What will happen after all the witnesses have given evidence at your criminal trial?
- Once all the witnesses have completed their testimonies and given evidence at the trial, the Prosecution and Defence (i.e. you or your lawyer) will present oral or written closing submissions by each summarising the evidence presented at the trial and providing reasons why the Judge should accept their respective evidence and why the Judge should decide in favour of them.
- The Judge will consider the evidence and reasons and then make a final decision as to whether or not the Prosecution has succeeded in proving your guilt.
- If the Prosecution has succeeded in proving its case against you and that you committed the offence alleged, the Judge will convict you of the charge and impose a sentence against you.
- If the Prosecution has failed in proving its case against you and that you committed the offence alleged, the Judge will acquit you of the charge.
- If you are convicted of the charge, you will be given an opportunity to inform the Judge of any mitigating factors which you may have.
- The Judge will consider your mitigation plea and then impose a sentence against you.
- Once a decision on the conviction and sentence has been made by the Judge, either party may generally make an appeal to a higher Court (e.g. the High Court) in the following situations:
- If you were sentenced after having pleaded guilty and are not satisfied with the Judge’s decision, you may make an appeal to the High Court against the sentence imposed
- You may make an appeal against sentence if you feel that it was manifestly excessive or not supported by the facts or the law
- The Prosecution may make an appeal against sentence if it feels that it was manifestly inadequate or not supported by the facts or the law
- If you were convicted and sentenced after having claimed trial and you are not satisfied with the Judge’s decisions, you may make an appeal to the High Court against the conviction and sentence.
- If you were acquitted after having claimed trial, the Prosecution may make an appeal to the High Court against the acquittal
- You will need to file the formal application for an appeal within 14 days from the date of conviction or sentence.
- Once an appeal has been filed, a separate Court hearing will be conducted for the Court to consider whether or not the reasons in support of the appeal are of merit and deserving of the appeal being granted.
