If you have been committed for trial following committal proceedings in the Magistrates’ Court, your case will be heard in either the County Court or the Supreme Court, depending on the seriousness of the charges.

At Angus Cameron and Partners, we have extensive experience representing clients in jury trials across all Victorian courts. We brief Victoria’s leading barristers, manage the case, and work with you at every stage — from the filing of the indictment through to verdict, sentencing, and appeal.

A trial is a significant undertaking. The period between committal and trial can take many months, and there are a number of important steps along the way. We will guide you through every stage of the process. Below is a step-by-step guide to how a trial works.

Filing of the Indictment

After you are committed for trial, the prosecution files a formal document called an indictment. This is the document that sets out the charges you will face at trial. The indictment replaces the original charge sheet and formally sets out the charges in the higher court

We will carefully review the indictment and, where appropriate, negotiate with the prosecution about the charges it contains — this is one of the most important stages in the process

Directions Hearings

Once committed to the higher court, the matter will be listed for one or more directions hearings before a Judge. These are administrative hearings used to manage the progress of the case towards trial:

  • At directions hearings, the Judge will set timelines for the exchange of legal documents and other steps that need to be completed before the trial.
  • Pre-trial disclosure obligations require the prosecution and defence to exchange certain information in advance of the trial, including witness lists, expert reports, and any matters that are agreed or in dispute
  • We will appear at all directions hearings on your behalf and will keep you informed of any directions made by the Judge

Pre-Trial Hearings

In more complex cases, there may also be pre-trial hearings to resolve legal issues before the jury is empanelled. These can be brief or, in complex matters, may take several days or weeks:

  • Pre-trial hearings are used to determine issues such as the admissibility of evidence, whether certain witnesses can be called, or other legal questions that would be disruptive or unfair to raise in front of the jury
  • We will identify any pre-trial issues that could assist your defence and make the necessary applications to the Court
  • Pre-trial hearings are an important opportunity to limit or exclude evidence that should not be placed before the jury

Arraignment

Before the trial begins, you will be formally arraigned before the Judge. This is the process by which the charges are formally put to you in the higher court. The Judge’s Associate will read each charge on the indictment and ask whether you plead guilty or not guilty.

Jury Empanelment

A trial commences when you are arraigned in the presence of the jury panel and plead not guilty. Before that, a jury of 12 must be selected from a larger pool of prospective jurors:

  • Prospective jurors are called into court and their names are balloted at random
  • Both the prosecution and defence have the right to challenge prospective jurors in certain circumstances — we will exercise those rights strategically on your behalf
  • Once 12 jurors are sworn in (or affirmed), the jury is empanelled and the trial formally begins

Opening Addresses

Once the jury is empanelled, both sides present opening addresses to introduce the jury to the case:

  • The prosecution goes first and outlines the case against you, the evidence they intend to call, and the charges the jury will be asked to decide
  • We then respond immediately with our opening address, identifying the issues in dispute and outlining the defence case
  • Opening addresses are an important opportunity to frame the case for the jury from the outset — we prepare these carefully to make the strongest possible first impression

The Prosecution Case

The prosecution presents its evidence first. For each witness:

  • The prosecutor takes the witness through their evidence in chief — this is the evidence they are giving for the prosecution
  • We then cross-examine each witness — this is one of the most important parts of a trial and an area where skilled and experienced advocacy can make a significant difference to the outcome
  • We will rigorously challenge the prosecution evidence and test the credibility and reliability of each witness
  • At the end of the prosecution case, we can make a ‘no case to answer’ submission if we believe the prosecution has not called sufficient evidence to support a conviction — if successful, the case ends without you needing to call any evidence

The Defence Case

After the prosecution closes its case, we have the opportunity to call evidence in your defence. However, you are not required to give evidence or call any witnesses — the burden of proof lies entirely with the prosecution:

  • You have the right to give evidence, but you also have the right to remain silent — we will advise you carefully on whether it is in your interests to give evidence
  • If you give evidence, the prosecution will cross-examine you
  • We may also call other witnesses, such as alibi witnesses or expert witnesses, to support your defence

Closing Addresses

After all the evidence has been heard, both sides present closing addresses to the jury:

  • The prosecution gives its closing address first, summarising the evidence and urging the jury to convict
  • We then give our closing address, highlighting the weaknesses in the prosecution case, the strength of the defence, and why the jury should not be satisfied beyond reasonable doubt
  • Closing addresses are a critical opportunity to pull together all of the evidence and arguments in a compelling way — we invest significant time and preparation in this part of the trial

The Judge’s Charge

After closing addresses, the Judge will sum up the case and direct the jury on the law:

  • The Judge will explain the legal elements of each charge and what the prosecution must prove beyond reasonable doubt
  • The Judge will also summarise the key evidence and remind the jury of the issues in dispute
  • We will make submissions to the Judge about the content of the directions to ensure the jury is properly directed on any legal issues that are favourable to your defence

Jury Deliberation and Verdict

The jury will then retire to deliberate in private. There is no time limit on their deliberations:

  • The jury must reach a unanimous verdict — all 12 jurors must agree on guilty or not guilty for each charge
  • If the jury cannot reach a verdict after a reasonable period of deliberation, the Judge may discharge the jury and order a retrial
  • If you are found not guilty on all charges, you are acquitted and free to go
  • If you are found guilty on any charge, the matter will be adjourned for a plea and sentence hearing

Sentencing

If you are found guilty (or if you have entered a plea of guilty), the matter will proceed to a plea and sentence hearing before the Judge:

  • We will prepare detailed written submissions and gather supporting materials — such as references, expert reports, and other evidence — to present the strongest possible case in mitigation on your behalf
  • A barrister will appear for you at the plea hearing and make oral submissions to the Judge
  • The Judge will consider all of the relevant circumstances before imposing a sentence
  • If you are unhappy with the sentence, you have the right to appeal — see section 13 below

Appealing a Conviction or Sentence

If you are convicted after a trial (or are unhappy with the sentence imposed), you have the right to appeal to the Court of Appeal:

  • An appeal against conviction can be brought on the grounds that there was a legal error in the trial, the verdict was unreasonable, or there was a substantial miscarriage of justice
  • An appeal against sentence can be brought if you believe the sentence was manifestly excessive or that the Judge made an error in the sentencing process
  • We can advise you on the merits of a potential appeal and, if appropriate, brief specialist appellate counsel to argue your case in the Court of Appeal

Frequently Asked Questions

What is the difference between a trial in the County Court and the Supreme Court?

The key difference is the seriousness of the charges. The County Court deals with most serious indictable offences, including armed robbery, drug trafficking, and serious assault. The Supreme Court deals with the most serious offences, including murder, manslaughter, and certain terrorism offences.

How long does a trial take?

Trial length depends entirely on the complexity of the charges and the volume of evidence. A straightforward single-charge matter might take three to five days; a complex multi-accused trial can run for weeks or months. We will give you a realistic estimate once we have reviewed the full brief and understand the issues in dispute.

How long will I wait between committal and trial?

Waiting times vary depending on court availability and the complexity of the matter. In Victoria it is common to wait six months to over a year from committal for a trial date to be allocated. We use this time productively — reviewing the evidence thoroughly, identifying issues, briefing counsel, and preparing the strongest possible defence.

Do I have to give evidence at my trial?

No. You have the right to remain silent throughout your trial. The prosecution must prove its case beyond reasonable doubt, and you are not required to say or do anything to assist them. Whether it is in your interests to give evidence is a strategic decision we will guide you through carefully, taking into account the nature of the charges, the strength of the prosecution case, and your personal circumstances.

What is a “no case to answer” submission?

A no case to answer submission is an application made at the end of the prosecution case, before the defence is called upon to respond. We argue that the prosecution has not called sufficient evidence on which a properly directed jury could convict you. If the Judge accepts the submission, the trial ends immediately with a verdict of not guilty — without you ever having to call any evidence. This is a powerful tool in the right case.

What happens if the jury cannot agree on a verdict?

If the jury cannot reach a unanimous verdict after a reasonable period of deliberation, the Judge may discharge the jury. This is called a “hung jury”. The prosecution then decides whether to proceed to a retrial — a fresh trial before a new jury. We will advise you on how to approach a retrial if one is ordered.

Can charges be dropped or reduced between committal and trial?

Yes, and this is one of the most important stages in the process. After committal, we carefully review the depositions and engage in negotiations with the prosecution where appropriate. Charges can be withdrawn, reduced, or amended before trial. Sometimes a negotiated resolution — such as agreeing to plead guilty to a lesser charge — is in your best interests and avoids the risk and uncertainty of a trial. We will advise you frankly on all available options.

What is the role of a barrister at a trial?

At Angus Cameron and Partners, we brief Victoria’s leading barristers to represent clients at jury trials. The barrister conducts the trial — delivering opening and closing addresses, cross-examining prosecution witnesses, examining defence witnesses, and arguing legal issues before the Judge. Our solicitors work alongside the barrister throughout the trial, managing the evidence, providing strategic input and working closely with you to make sure that you understand the process. Understanding the process is essential for you to have proper input into the way your defence is run. You will know and have access to both your solicitor and barrister throughout the process.

What happens at sentencing if I am found guilty?

If you are found guilty, the matter is adjourned for a plea and sentence hearing before the Judge. We prepare detailed written submissions explaining your personal circumstances, any mitigating factors, and why a particular sentence is appropriate. A barrister then makes oral submissions to the Judge. The Judge considers all relevant material before imposing sentence, which may include fines, community correction orders, or imprisonment.

Can I appeal if I am unhappy with the verdict or sentence?

Yes. If you are convicted after trial, you have the right to appeal to the Court of Appeal on the grounds that the verdict is unreasonable; there was an irregularity in the trial; or any other substantial miscarriage of justice took place. If Court of Appeal allows the appeal, it must set aside the conviction and either: order a new trial; enter a judgement of acquittal; enter a judgement of conviction of some other offence; or enter a finding of not guilty because of mental impairment and make consequential orders.

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