Criminal trial procedures and various other stages including appeal
For the trial procedures and appeals, some specific stages have to be gone through such as – subpoenas, trial procedures and other factors, appeals from the local court, appeals to the court of criminal appeal etc.
Subpoenas are generally issued by the court clerks in the name of the judge who is presiding over the whole case.
Sometimes even the lawyers are also allowed to issue a subpoena under certain circumstances. There must be a legitimate forensic purpose available for issuing a subpoena. A subpoena will be avoided if it becomes too wide, such as if it requires all documents to be produced which is related to a specific subject arena and so on. Public interest immunity should be another matter of concern here.
In case of trials, an unrepresented accused should get an adjournment under the circumstance that the person accused was proved not guilty. A person can also choose a judge-alone trial only if the DPP consents. But the judge alone election must be done by 28 days before the trial. If DPP does not consent and still the accused person wants for a judge alone trial, then a judge can also allow a judge alone trial. The accused person has the right to withdraw his consent whenever he wants.
A permanent stay in the proceedings are only allowed if the case is extreme. But it would be necessary to show that further proceedings will lead to injustice. Delay to institute proceedings by itself will not be granted for a stay unless prejudice of evidence to the accused is the matter there.
An accusation presentation within four weeks after the committal is required by the crown. However, the time can be extended if the court orders so, but only to a certain extent.
The court can go for a pre-trial disclosure if the trial turns out to be a complex one. The judge can accept a plea to any lesser charge if there is any chance that the accused person can be awfully convicted to it. The plea of the accused person can be withdrawn if the defendant can show that there has been a violation of justice. There are also separate and multiple trials and jury challenges available.
Appeals from the Local Court
Appeals from the local court must be brought to the district court within 28 days of the sentence. Appeal is nothing but the rehearing of the related documents and transcripts on evidences which were heard before any local magistrate. Victims of any offence are only required as a witness while giving any evidence, under the circumstances that the witness needs to be present. Some cases are also dragged from local court to the Supreme Court. The prosecution may only appeal to the Supreme Court alone. If any appeal is to be withdrawn, the applications must be given separately.
Appeals to the Court of Criminal Appeal
A notice for being intended to appeal must be wedged within 28 days of sentence. The court in this case also has the power to extend the time for the appeal. The notice for appealing has a 6 month validity from the filing date. In recent days Court of Criminal Appeals are being ruthless about the enforcement of 6 months of time period.
If you are charged with criminal offences, it is recommended that you seek legal assistance from criminal lawyers. Criminal lawyers Penrith ,Criminal lawyers Wollongong, Criminal Lawyers Parramatta, Criminal Lawyers Sydney
Disclaimer : This article is just a summary of the subject matter being discussed and should not be regarded as a comprehensive legal advice for you to defend yourself alone. If you are charged with criminal offences, it is recommended that you seek legal assistance from criminal lawyers.