Trial Procedure PreArraignment
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Trial Procedure PreArraignment

The bailiff opens the Court 2 The judge will deal with any jurors renewed applications for excusals refused by the Sheriff The affected panellists come to the bench to discuss the matter 3 The crown prosecutor and defence counsel announce thei

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Trial Procedure PreArraignment




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Trial Procedure Pre-Arraignment 1. The bailiff opens the Court. 2. The judge will deal with any juror’s renewed applications for excusals refused by the Sheriff. The affected panellists come to the bench to discuss the matter. 3. The crown prosecutor and defence counsel announce their appearances. 4. Any necessary interpreter will be sworn. 5. The prosecutor mentions the indictment, either presenting it, or saying that there is already an indictment before the court, or asking for its return. In any of those events, the associate hands the indictment to the judge for perusal.

Unless the indictment is to be returned, arraignment is usually the next step. Arraignment 6. The judge will say: Arraign the defendant , and delivers the indictment to the associate. 7. The associate arraigns in accordance with s 594 of the Criminal Code and rule 46 of the Criminal Practice Rules 1999. The arraignment may be conducted by audiovisual link or a udio link (Section 597C (4),(4A) and (4B). The associate hands the juror’s card to the judge. If the panellist is excused, the associate writes the name, number and period of excusal in the notebook, on the jury form, and puts the card

aside. If the applicant is not excused, the ju dge returns the card to the associ ate to be placed in the barrel. If the indictment is to be returned, the prosecut or will endorse upon it that the prosecution will not further proceed upon this indictment. After that, the judge should order that the defendant be discharged in respect of the charges preferred by that indictment. A s 592A pre-trial application should have disposed of any contest about the contents of the indictment, severance of counts, separate trials and the like. See R v Abraham [2010] QCA 225: s 597A, which deals with the

ordering of separate trials, plainly contemplates a situation where more than one offe nce may be charged in the same indictment, but not the possibility of a single trial on separate i ndictments; The accused must be arraigned on the indictment and a plea taken and the jury must be sworn to return a verdict on the indictment. Section 594A Code where the indictment is presented against a corporation. Section 594(2) permits a plea to any number of counts to be taken, with consent, at one and the same time on the basis that the plea to one will be treated as a plea to any number of similar

counts on the same indictment. Subject to that, the asso ciate adopts the following procedure: Single defendant Associate: “(Name), you are charged that on …(date)… at …(place)…, you (continue from indictment). “(Name), how do you plead, guilty or not guilty? Defendant: “Not guilty. (Or otherwise as the case may be, for example, a plea of double jeopardy or which challenges the jurisdiction). Benchbook – Trial Procedure May 2014 Amendments No 5B.1 Turn to the judge and repeat the plea given by the defendant, eg. “Not guilty, Your Honour”.
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Benchbook – Trial Procedure May 2014

Amendments No 5B.2 Empanelling the jury 8. The judge directs the associate to Empanel the jury and inform the defendant of his right of challenge 9. The associate addresses the defendant in accordance with rule 47 of the Criminal Practice Rules 1999. 10. The associate will then say to the jurors: Members of the jury, please answer to your names”. 11. The associate proceeds to draw the cards of eligible jurors from the barrel. Progressively, the bailiff will swear in each juror who is not challenged or stood by, administering the prescribed oath or affirmation. The Court reaches the final If

there is more than one count, the associate will continue with: “You further stand charged, that (continue from indictment) “(Name), how do you plead, guilty or not guilty? If there are alternative charges, after reading the firs t charge and taking the plea to that charge, state: “In the alternative you are charged that (continue from indictment) (Name), how do you plead, guilty or not guilty? If there is more than one alternative charge, continue with: “Further in the alternative, you are charged that (continue from indictment) Where the prosecution refuses to accept a plea to a lesser or

alte rnative offence, the Court may either: stand down the count the subject of the plea, with the prosecution proceeding only on the principal count, and if an acquitta l results, then accept the plea on the lesser charge; or leave both counts to the jury, directing on the use which may be made of the guilty plea as an admission: see Rogers [2013] QCA 52 and Collins, ex parte A-G [1996] 1 Qd R 631, 640. If there is more than one defe ndant, go through the whole in dictment for each (taking counts individually) in turn. Where on arraignment a defendant fails to plead to the indictment, his

silence usually operates as a plea of not guilty: s 605 Code. As to challenges for cause see ss 43, 47 Jury Act 1995. Associate “(Name/s), these representatives of the community whom you will now hear called may become the jurors who are to decide between the Prosecution and you on your trial. If you wish to challenge them, or any of them, you, or your representative, must do so before the bailiff begins to recite the words of the oath or affirmation. The Associates’ Manual describes the procedure: “Place the jury cards of eligible jurors into th e barrel. After spinning the barrel, take out a

card. Call the number (pause), then the name. In a crim inal trial, the prosecution and defence are entitled to eight peremptory challenges. If there are two or more defendants, each defendant is entitled to the number of peremptory challenges allowed to the de fence (i.e. 8 each – if 2 defendants – 16 in total). The prosecution is entitled to an equal number of peremptory challenges as are available to all defendants (i.e. 16 for 2 defendants) (s 42(5) Jury Act ). If reserve jurors are required, the pr osecution and defence are entitled to: (a) 1 or 2 reserve jurors 1 additional peremptory

challenge (b) 3 reserve jurors 2 additional peremptory challenges If a juror is challenged or stood by, put the cards aside in the appropriate pile. If a juror is sworn, note the number in your notebook and give the card to the judge. When 12 jurors are empanelled, sit down and leave the cards alone!
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Benchbook – Trial Procedure May 2014 Amendments No 5B.3 12. stage of the jury selection process when all jurors (and reserve jurors) have been selected and sworn but the jury panel has not yet been discharged. 10 13. The judge may discharge a person who has been selected as a

juror if there is reason to doubt the impartiality of the person. 11 To see whether that is necessary, the judge might say before the rest of the panel is released: Those who have been sworn as jurors, as well as those members of the panel who have not, should listen to what I am about to say. The defendant’s name is ( set out name ). He is charged with ( here describe the offence, mentioning the name of any victim ). The prosecutor will now read out the names of the witnesses for the prosecution. To see if you recognize any of the names, please listen carefully. 14. After the prosecutor has

concluded identifying the prospective prosecution witnesses, the judge may say: It is essential that every member of the jury be, and by all fair-minded people be seen to be, completely impartial as between the prosecution and the defendant. Sometimes a juror knows a witness or something about him or her, or knows the defendant or something about him or her, or knows a relative or an associate of some such person, and on that account the juror may feel that he or she cannot be, and be seen to be, completely impartial. And there may be reasons personal to any one of you which may cause you to

wonder whether you can be completely impartial in this case. If for any reason whatsoever, any one of you feels that you cannot be, and by all fair-minded people be seen to be, completely impartial, please raise your hand now . 15. A juror who indicates such a problem is to be invited to approach the bench so that the nature of the difficulty can be ascertained and the judge decide, having regard to anything counsel may say, whether the juror should be discharged and another juror sworn in substitution. Any substitute juror should be asked whether he has understood what has been said

concerning the inquiry as to the appearance of impartiality. 16. The jury having been selected, the judge directs 12 the associate: 10 Section 45 Jury Act. 11 Section 46(1) Jury Act. 12 As to the importance of the step, see Maher (1987) 163 CLR 221.
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Benchbook – Trial Procedure May 2014 Amendments No 5B.4 Place the defendant in the charge of the jury 13 17. Having ascertained from the bailiff whether the rest of the panel is required elsewhere, the judge either directs them to go with the bailiff to another court or informs them that the panel is no longer required that day.

Further, the judge reminds the panellists that they should keep themselves informed as to when next they are required to attend. Post-empanelment 18. The judge asks the bailiff to: Make the proclamation as to witnesses . The judge then asks the associate to “swear the Bailiff” (pursuant to S 31 of the Oaths Act 1867) 19. When the jury has been sworn, the judge must ensure that the jury is informed (a) in appropriate detail, of the charge contained in the indictment; 14 (b) of the jury’s duty on the trial; 15 and should inform them (c) of the prohibition on the jury inquiring about the

defendant in the trial. 16 20. In addition to telling the jury of the charge(s), and the prohibition on inquiry about the defendant, the judge might then wish to mention the following: 17 13 The associate addresses the jury in accordance with rule 48 of the Criminal Practice Rules : “Associate: Members of the jury, please answer to your names. (Read over the jurors’ names in the order sworn in). Members of the jury, (Name/s) is/are charged that on …(date)… at …(place) he/she/they (read the full charge the same way as when arraigning). “To this/these charge/s he/she/they say/s that he/she/they

is/are not guilty. You are the jurors appointed according to law to say whether he/she/they is/are guilty or not guilty of the charge. It is your duty to pay attention to the evidence and say whether he/she/they is/are guilty or not guilty. Members of the jury, as early as is convenient, you must choose a person to speak on your behalf. You may change the speaker during the trial and any of you is free to speak. 14 The judge is not required by s 51 Jury Act to inform the jury of the elements of the offence and potential defences at the commencement of the trial: R v Alwis [2012] QCA 308 at

[40]. 15 Section 51 Jury Act. 16 Section 69A Jury Act. 17 Other outset matters and directions could include: Elements of offence/defence: If there is consensus concerning the elements of the offence(s), or as to the defence(s), those could be mentioned so that the jury may focus primarily upon them. Consideration might also be given to a short address to the jury by defence counsel after the prosecutor’s opening: Nona [1997] 2 Qd R 436. Joint trial: If there is a joint trial, it might be pointed out that, for example: More than one person is being tried. The separate cases against each of them

must be decided solely on evidence
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Benchbook – Trial Procedure May 2014 Amendments No 5B.5 Personae Name ) is the prosecutor, who presents the case against the defendant(s). Name ) represents the defendant(s). Nature of the verdict You were just given, through my associate, the responsibility of returning a verdict. The verdict is your judgment whether the defendant is guilty or not guilty. Burden and standard of proof A defendant in a criminal trial is presumed to be innocent. So before you may return a verdict of guilty, the prosecution must satisfy you that the defendant is

guilty of the charge in question, and must satisfy you of that beyond reasonable doubt. What is evidence The prosecution will endeavour to discharge this burden by means of evidence. Evidence is what the witnesses say from the witness box and the exhibits, if any, admitted into evidence by me during the trial. admissible against that defenda nt. Some evidence may be admissible against one and not against the other(s), [or in respect of one ch arge and not another]. Later, I will give you detailed directions about the evid ence in the respective cases . Speaker’s role Although the Jurors’

Handbook and the Video touch upon the speaker’s role, more might be said about that: for example: The person selected as your speaker may, of co urse, be male or female. The speaker announces the verdict(s) at the end. While you may conduc t your deliberations as you see fit, usually a speaker chairs jury discussions. Further, while ordinarily your speaker will be the channel of communication between us, that does not prevent an individual juror’s raising a matter with me. R v Kashani-Malaki [2010] QCA 222. You can change your speaker wi thout reference to me. And every juror has the right to

say so if his or her position has been misstated in an ything said here in the courtroom by another juror, including the speaker .
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Benchbook – Trial Procedure May 2014 Amendments No 5B.6 Judge’s function A few words about our functions: My task is to ensure that the trial is conducted according to law. Questions of law that arise are for me to decide. If a question of law arises during the trial, I may ask you to retire to the jury room while I decide it. While you are waiting, the lawyers and I will be here working. The purpose of your leaving the courtroom is not to exclude

you from participating in the trial. Rather, it is to avoid your minds being cluttered by matters irrelevant to your tasks. Jury’s function Your functi on of deciding whether the defendant is guilty or not guilty involves considering the facts of the case based on the evidence to be placed before you in this courtroom. Reserve jurors 18 I wish to say something to you about the form of the jury in this case. The 12 of you who were first chosen to be on the jury are the members of the jury. We have, in addition, two reserve jurors. This is anticipated to be a long trial, and should a member of

the jury be unable to complete jury service, for whatever reason, there are two reserve jurors who are able to replace such a juror. 19 Reserve jurors, you will be with the jury the whole time, until they retire to consider their verdict. You will be discharged at that point, if you have not by then gone on to the jury as a replacement. So you have to listen as intently as the other jurors, and you may or may not, depending on what transpires, be required to deliberate with the other jurors at the end of the trial when they retire to consider their verdict. 18 See No 24.9 as to di scharge of

reserve jurors. 19 For the method of selection see s 34 Jury Act 1995.
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Benchbook – Trial Procedure May 2014 Amendments No 5B.7 No outside influence or investigation Pay careful attention to the evidence, and ignore anything you may hear or read about the case out of court. 20 You may discuss the case amongst yourselves. But you must not discuss it with anyone else and this includes using electronic means. The reason is this: you are the 12 people who are to determine the outcome of this trial; and solely on the evidence presented here in the courtroom. Do not take the risk of

any external influence on your minds. So do not speak to anyone who is not a member of this jury about the case. If anyone else attempts to talk to you about this trial, try to discourage them, do not tell anyone else who is on this jury, but mention the matter to the bailiff when you get back to court so that it can be brought to my attention. In the same way if, while you are outside this courtroom, you inadvertently overhear something about this trial, do not tell anyone else on the jury but tell the bailiff so that can also be brought to my attention. And do not attempt to investigate it

or to inquire about anyone involved in the case yourselves. 21 It is inherently unjust for you to act on information which is not in evidence and the prosecution and defence do not know you are acting on. This is because they have not had an opportunity to test the accuracy of the information and whether it is applicable to the particular person. Information in the public area is not always accurate. It may be referring to someone else, e.g. with a similar name. The prosecution and the defence have not had the opportunity to test the material as they do with evidence. There have been instances

where a jury has made private investigations and mistrials have resulted or new trials have been ordered on successful appeals. That illustrates the unfairness. Also private inquiries may lead to inaccuracies, for example, a scene may well have changed dramatically over time. Private inspections would not reveal what changes have 20 Where there has been pre-trial publicity, further emphasis may be required both at the beginning of the trial and in the summing-up: Bellino & Conte (1992) 59 A Crim R 322, 343; Glennon (1992) 173 CLR 592, 603-604, 616, 624. The directions given by trial judges

should underline unequivocally the collective responsibility of jurors for their own conduct: R v Thompson [2011] 1 WLR 200. 21 This warning might be repeated at the end of the first day.
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Benchbook – Trial Procedure May 2014 Amendments No 5B.8 occurred. If any member of the jury brings in such information, please inform the Bailiff. Order of events What can you expect as the order of events? Typically in a criminal trial, things happen in this way: First, the prosecutor gives an outline of the case, summarising the evidence the prosecution intends to rely on; Next, the

prosecution witnesses testify. The prosecutor questions the witness. When the prosecutor has finished, defence counsel can question the witness. Sometimes, after a cross-examination has completed, the prosecutor asks more questions; This is done for every prosecution witness; When all the prosecution witnesses have completed their evidence, the defendant will be asked if he intends to adduce evidence. A defendant is not obliged to give or to call evidence. If evidence is to be adduced, the procedure for opening the evidence of, and for examining, defence witnesses is the same as for

prosecution witnesses; After all the evidence has been given, counsel will address you; Next comes my summing-up. In it, I shall, among other things, explain to you the law that applies; and After that, you will retire to the jury room to consider your verdict(s). Open mind Keep an open mind 22 as the case progresses. Note-taking 22 Haw Tua Tau [1982] AC 136, 150-151.
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Benchbook – Trial Procedure May 2014 Amendments No 5B.9 Writing materials will be made available to you just before the evidence commences 23 so that you can take notes if you wish. However, be careful not to let

detailed note-keeping distract you from hearing and observing the witnesses. Any notes that you take must remain in the court precincts and must not be taken home. The Bailiff will ensure they remain confidential by having them destroyed at the end of the trial. Assistance Finally, if you experience a problem related to this trial, arrange to let me know. I will help you as much as I can. If you wish to communicate with me while you are here in the courtroom, write the question down and ask the bailiff to give it to me, or attract my or the bailiff’s attention so that the matter can be

addressed. If the problem arises when you are not in the courtroom, hand the bailiff 24 a note of it, or else tell the bailiff that there is a matter you wish to raise with me. I will then decide how to deal with it. As you can see, these proceedings are being recorded. It is not the practice in Queensland for a jury to be supplied with a copy of the transcript of the evidence so recorded. If you need to be reminded of what any of the witnesses said, I can arrange for it to be read back to you. Just give the Bailiff a note identifying the evidence. 25 Further proceedings 7. At the conclusion

of the prosecution case, the associate 26 addresses the defendant (or, where more than one, the first named on the indictment) as follows: 27 23 cf Sandford (1994) 33 NSWLR 172, 182. 24 The limited nature of the assistance the bailiff can provide to the jury is mentioned in the Handbook and Video. A judge wishing to supplement this information might say: The bailiff will be your custodian and a channel of commu nication between the jury room and the court. He can tell you about such administrative matters as meals . While you can discuss administrative matters with him, you are not to discuss

with him matters concerning the trial itself . 25 R v Rope [2010] QCA 194. If the jury require reminding of the evidence, or parts of it, or elucidation of some questions of fact which the record of the trial could provide, it should be given to them. 26 Or the Judge, if the Judge prefers. 27 Rule 50 Criminal Practice Rules.
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Benchbook – Trial Procedure May 2014 Amendments No 5B.10 10 “The prosecution having closed its case against you, I must ask you if you intend to adduce evidence in your defence. This means you may give evidence yourself, call witness/es, or produce

evidence. You may do all or any of those things, or none of them. 21. If the first defendant adduces evidence 28 , the associate calls upon the next defendant named in the indictment at the end of that defendant’s case, and so on. 22. After all the evidence has been adduced (and it has been established that the prosecution proposes not to adduce rebuttal evidence) 29 , it is advisable to discuss with the lawyers, in the absence of the jury, any special directions likely to be required in the summing-up and the nature of the cases the prosecution and the defence propose to develop in address.

The order of addresses is prescribed by s 619 Code. 30 Adjournment of trial 23. As a general rule once a jury has been empanelled and the hearing of evidence has commenced it is most undesirable that there should be any prolonged adjournment of a criminal trial: see Gibbs J in R v Hally [1962] Qd R 214 at 220. However, as noted in R v Miller (2007) 177 A Crim R 528 at [3] a trial judge has power to adjourn a criminal trial at any time after the accused has been put in charge of the jury, at least up until the jury retires to consider its verdict. 24. There may be many causes for such an

adjournment; illness, unavailability of a witness, and weather conditions not permitting a juror to get to the court are but a few examples of why such an adjournment may become necessary. The length of the adjournment must however not be so long as to prejudice the fair trial of the accused. Whether an adjournment prejudices the fair trial will be a question to be answered in the context of each case. A lengthy adjournment may have the effect of altering the essential accusatory nature of a criminal trial, with its focus on oral evidence and the impression gained of the witnesses,

particularly where credibility features prominently and may have the effect of disrupting the integrity of the criminal trial process so that a fair trial can not be ensured: R v Miller (2007) 177 A Crim R 528. Discharging a juror 25. Section 33 enshrines the common law principle that conviction for an offence should be the decision of a jury of 12. However, that principle is qualified by s 56 Jury Act pursuant to which a judge may discharge a juror without discharging the whole jury if in the judge's opinion the juror becomes incapable of continuing to act as a juror. The judge has a

discretion under s 57 Jury Act to direct (where there is no reserve juror) that the trial continue with the remaining 11 jurors where a juror was discharged under s 56. Nevertheless, the exercise of that 28 Ordinarily, the order of cross-examination follows the order of the names of the defendants on the indictment. 29 See Kern [1986] 2 Qd R 209, 211-212; Chin (1985) 157 CLR 671; Soma (2001) 122 A Crim R 537. 30 Where the defendant is undefended and does not adduce evidence, the prosecutor has no right of reply unless he is a Crown law officer: s 619 Code.
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Benchbook – Trial

Procedure May 2014 Amendments No 5B.11 11 power has to be balanced against the fundamental right of an accused person to a trial by a jury of 12 persons: R v Hutchings [2007] 1 Qd R 25 ; R v Shaw (2007) 48 MVR 345. 26. It is plainly desirable that a judge exercising the powers to discharge a juror and the power to proceed with a jury of less than 12 members does so in unmistakeable terms: Wu v The Queen (1999) 199 CLR 99 (at 103). Ordinarily that will be made by the judge making two separate orders. The exercise of the discretion to proceed with less than 12 jurors is to be approached

consistently with the principles enunciated in Wu with the reasons for the exercise of the discretion clearly identified. Guiding considerations are the fair and lawful trial of the defendant with relevant considerations including the primary right to be tried by a jury of 12, the burden on the defendant of delay in the trial, the consequences of delay to others, including witnesses, the expense to the community and the nature of the charge. See also R v Hutchings [2007] 1 Qd R 25 ; R v Shaw (2007) 48 MVR 345 and R v Walters [2007] QCA 140. Summing-up 27. At the conclusion of the summing-up,

and just before the jury retires to consider its verdict: (a) The bailiff is sworn in 31 by the associate as the jury-keeper, if that has not been done previously; (b) The judge asks the advocates: Are there any requests for re-directions? Any re-directions are given after the jury returns to the courtroom. Jury Notes and Aids 28. Any jury notes should be marked for identification for the purposes of the record. In R v Lorraway [2007] QCA 142, the Court of Appeal stated that trial judges who receive a jury’s written request for redirect ion should ordinarily read it into the trial record and

then mark it for identification, directing that it be placed on and remain on the court file until the expiry of the appeal period or the determination of any appeal. Similarly, a copy of any jury aids or documents given to the jury to assist them should be marked for identification and directed to be placed on and remain on the court file: see R v Beattie (2008) 188 A Crim R 542 , [31]. Where a juror’s note raises an issue or issues that could be material to or affect the jury’s consideration of the case, the judge should reconvene the court in the presence of the defendant and the

prosecutor, initially in the absence of the jury. The judge should then read into the record the note or that part of the note that was material to or related to the jury’s consideration of the case. If it concerns information confidential to the jury room such as voting figures, that part of the note should not be disclosed in open court. 32 The judge should mark the note as an exhibit for identification purposes and place it on the court file. If it 31 Preferably in the jury’s presence. 32 Millar (No. 2) [2013] QCA 29 at [27].
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Benchbook – Trial Procedure May 2014 Amendments

No 5B.12 12 contains confidential information such as voting figures, it should be placed in a sealed envelope and marked not to be opened without an order from a judge before being placed on the court file. The judge should then invite the parties to make submissions as to the appropriate course to be taken. Having informed the parties of the judge’s decision as to the appropriate course to take the judge should have the jury return to the court room. The judge should then read the pertinent part of the juror’s note to the jury and offer immediate assistance on the particular topic of

concern. 33 An individual juror may ask a question of the judge directly. 34 Separation of Jury 29. Pursuant to s53(7)(a) Jury Act 1995 (commencement 23 October 2008), after the jury has retired to consider its verdict, the judge may allow the jury to separate or an individual juror to separate from the jury, if the judge considers that allowing the jury or juror to separate would not prejudice a fair trial. Section 53(7)(b) provides that the judge may impose conditions to be complied with by the jurors or juror. Suggested directions are: You are now in the process of deliberating on your

verdict. I am going to allow you to separate at this point. [Consideration might be given to imposing the following conditions] : 1. Do not discuss the trial with anyone outside the jury. 2. Do not conduct any inquiries or independent research about the matters the subject of the trial. 3. Ignore any press reports or anything else you might hear about the trial. 4. Report to the judge through the Bailiff any approaches by others outside the jury in relation to the trial. If a juror is permitted to separate for any significant period, the judge should consider whether or not the jury’s

deliberations should be suspended until that juror returns: ( R v Walters [2007] QCA 140). Verdict 30. The amendments to the Jury Act 1995 make provision for the taking of majority verdicts in certain cases and circumstances 35 . 31. The judge, having ascertained from the bailiff in open court that there is a verdict, invites the bailiff to bring in the jury. The jury lines up in front of the jury box, usually with the speaker at the end nearest the jury room door. 33 R v Kashani-Malaki [2010] QCA 222. 34 Ibid. 35 See Direction No 52A on Majority Verdicts.
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Procedure May 2014 Amendments No 5B.13 13 After the bailiff reports to the judge that the jury is all present, the associate takes the verdict from the jury. 36 32. The judge will then thank and discharge the jury, usually inviting the jurors to remain in court if they so wish or, if they prefer, to disperse. Conviction and sentence 33. If the verdict 37 is guilty, the judge tells the associate to Call on him/her 38 34. For sentence procedure see Sentencing Benchbook. Procedure after an acquittal 35. The judge will say to the defendant: “…( name )… you have been found not guilty of the

charge(s) of …( here summarily describe the charges )… You are discharged. Orders for return of exhibits 36. The judge should make any orders appropriate for the custody or disposal of any exhibits tendered during the trial. 39 For example, an order for the return of the exhibit to the party who produced it at the conclusion of the appeal period, if no appeal is lodged. 36 The associate asks: Members of the jury, are you agreed upon your verdict/s”. Answer: “Yes”. Associate then asks: Do you find the defendant (naming him or her where there is more than one) guilty or not guilty of (describing

the offence) (and doing this for each count). The speaker will say guilty or not guilty ”. The associate, for each count, repeats the verdict to the judge. After each verdict is reported to the judge, the associate will say to the jury: “So says your speaker, so say you all? (for each count) and all members of the jury answer in the affirmative to signify that the verdict announced by the speaker is the verdict of all. See further the section on “Delivering the verdict” in the “General Summing Up Directions”, No 24. The judge’s associate should have regard to the Associates’ Manual on taking a

verdict. 37 The procedure for a change to a plea of guilty du ring the trial may be adapted accordingly; and see s 631A Code. 38 This is the Allocutus. To call on “the prisoner”, though hallowed by usage, has some potential to seem to prejudge the punishment; cf Williams [2001] 1 Qd R 212, 218. The associate calls upon the de fendant by saying: (see rule 51 Criminal Practice Rules ): …(Full name)…, you have been convicted of (state the offence charged and th e words of the indictment or by stating the heading of the schedule form for the offence) … Do you have anything to say as to why

sentence should not be passed on you? When represented the defendant will usually say No ”. In such circumstances, the judge may care to add, addressing the defendant, I will hear from your counsel ”. 39 Rule 55 Criminal Practice Rules 1999 .
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Benchbook – Trial Procedure May 2014 Amendments No 5B.14 14 37. A Court giving its final decision on an appeal may make the orders it considers appropriate about the return of an exhibit used in the appeal. 40 40 Rule 100 Criminal Practice Rules 1999 .