General Steps in a Trial
A trial will generally follow these steps:
- Choosing a jury
- Opening Statements
- Witness Testimony and Cross-Examination
- Closing Arguments
- Judge gives instruction to Jury
- Jury Deliberation and Verdict
You can read about jury selection on the jury information page.
Before the Trial
Prior to the trial, the prosecution must furnish the defence with a Book of Evidence, which sets out the evidence they intend to present in the case against the defendant (the person on trial).
The trial begins with the indictment – a summary of the charge(s) against the defendant – being read out by the court registrar. (See the Who is in the Courtroom page for roles in a case.)
An opening speech is then made by the prosecution, possibly followed by an opening statement by the defence.
The Case for the Prosecution
The prosecution counsel will open the case by outlining the facts from their perspective, describing what the defendant did, how, and why.
They will then call and question witnesses — this is known as examination-in-chief. Witnesses give their evidence in their own words. Documents, statements, and forensic exhibits (e.g. clothing, weapons) may be introduced.
Witnesses may include:
- Victims or bystanders
- Gardaí involved in the arrest
- Medical professionals
- Forensic officers
- Expert witnesses (e.g. State or Assistant State Pathologist)
After the prosecution questions each witness, the defence has the opportunity to cross-examine them. This is done to test their credibility and identify inconsistencies. If the defence challenges a witness’s evidence, they must explain the basis for the challenge during questioning.
The Case for the Defence
Once all prosecution witnesses have been questioned and re-examined, the defence begins its case. Because the accused is presumed innocent, the defence may choose not to call any witnesses or present evidence at all.
The burden of proof lies with the prosecution. The defence only needs to raise doubt. If there is any reasonable alternative explanation for the events, the jury must give the defendant the benefit of the doubt.
The Role of the Judge
The judge presides over the trial and decides on any legal issues that arise. They may intervene to stop irrelevant questioning, clarify matters, or rule on objections.
The jury may be asked to leave while legal arguments are made. The judge makes all rulings on points of law.
Closing Speeches
Once both sides have presented their case and no more evidence will be introduced, they deliver closing arguments. Each side summarises their case and highlights key evidence to persuade the jury.
Summing Up and Judge’s Direction
At the conclusion of the trial, the judge gives directions to the jury, explains the relevant laws, and summarises the evidence. The judge reminds the jury to consider only what was presented in court.
The Verdict
After deliberation, the jury delivers a verdict:
- Guilty: Sentencing will follow, either immediately or at a later date.
- Not guilty: The defendant is acquitted.
