Criminal trials

There are two types of criminal offences:

• Summary offences - less serious fences that are tried by a judge sitting alone
• Indictable offences - more serious offences that can be tried by a judge and jury or by a judge

However, certain indictable offences may be tried summarily in the District Court.

If you are accused of a criminal offence, you may qualify for criminal legal aid, which provides free legal representation in criminal cases.

Types of trial

There are two types of trial:

• A summary trial - a trial conducted by a judge sitting alone
• Trial by jury - a trial conducted by a judge sitting with a jury

Summary trials are heard in the District Court.

If you are charged with an indictable offence, the District Court Judge will send you to the Circuit Court or the Central Criminal Court (High Court) for trial by jury.

You will only be sent to these higher courts if the Director of Public Prosecutions (DPP) (lawyer that represents the state in criminal cases) agrees to it. The court that will hear and decide on your case depends on the type of offence involved.

Before the trial takes place, a number of issues must be dealt with including the disclosure of evidence and your option of pleading guilty.

After the trial, there is sentencing if convicted.

At any stage in criminal proceedings against you in court, you may decide to plead guilty to the offence.

Summary Offences

If you are charged with a summary offence, you may plead guilty in the District Court.

The District Court Judge will then issue your sentence after listening to your legal representative and the prosecution (usually a member of An Garda Síochána - the Irish police force).

Indictable Offences

If you are charged with an indictable offence and you decide to plead guilty when you appear in the District Court, you will have to sign a plea of guilty.

Before you sign a plea of guilty, the District Judge will first make sure you are aware of the facts of the offence you are accused of and that you understand the nature of the offence.

You will then be sent for sentencing to the court that you would have been sent for a trial if you had pleaded not guilty (Circuit or Central Criminal Court for indictable offences). Usually, you will be sent to this higher court on another date.

If you change your mind, you may be allowed withdraw your plea of guilty at the Circuit Court and the trial will go ahead.

If you plead not guilty

If you have pleaded not guilty in the District Court and you have been sent for trial by a judge and jury, you may then decide to plead guilty to the offence. If you plead guilty at the Circuit Court, you will stand convicted and the court will then decide your sentence.

If you are charged with a summary offence, a judge sitting without a jury will decide your case. It will take place in the District Court. A summary trial will usually take the following format:

• The Registrar of the District Court will call your case by its name.
• You or your legal representative will stand up to show you are in attendance in the court.
• The Garda (member of the Irish police force) who has made the complaint against you will take the witness stand and give evidence about what they say happened and your involvement
• Your legal representation is known as the defence and may cross-examine the Garda.
• The prosecution may call more witnesses and will question the witnesses to allow them to give evidence about the offence.
• Your defence may cross-examine each of the prosecution witnesses after they have given evidence.
• The defence may call and question witnesses to give evidence in your defence. You yourself may give evidence although you do not have to do so.
• The prosecution may cross-examine each of your witnesses. Read more about being a witness in court.
• Both the prosecution and the defence may make final submissions (statements) about the case.

Judgement

• The judge will make their decision about whether you are guilty or not guilty of the offence, based on the evidence given.
• To find you guilty, the judge must believe that it has been proven beyond all reasonable doubt (see below) that you have committed all elements of the offence.
• If the judge finds that you are guilty of the offence, they may decide the sentence.

If the judge finds that you are not guilty, they will dismiss the charges against you.

Criminal jury trials are held in the Circuit Court and the Central Criminal Court and usually follow the same format until the judgment where there is a judge.

• The offence or offences which you are charged with are read out.
• The prosecution's legal representation makes an opening speech at the trial. They tell the jury about matters that the prosecution intends to prove. They give an outline of the facts and evidence that they intend to use. They explain the nature of the charges alleged against the accused.
• The prosecution then calls witnesses, usually in the order listed in the Book of Evidence. They ask the witnesses questions to allow them to tell their story and give their evidence in their own words. The prosecution will refer to documents and statements as evidence. Forensic evidence may be introduced as exhibits and the jury is usually given an opportunity to examine these exhibits.
• When the prosecuting counsel has finished asking each witness questions, your defence counsel (or legal representation) may cross-examine the witness. If the defence counsel intends to challenge a prosecution witness's evidence, the defence counsel must explain the basis for the challenge to the witness.
• When the prosecuting counsel has finished presenting the case for the prosecution, the defence begins. The defence counsel opens the defence and calls witnesses and introduces evidence. Each witness may be cross-examined by the prosecution. As you are the accused you do not have to give evidence.
• At the end of the case, both the prosecution and the defence counsel summarise the facts for the jury and emphasise the merits of their own case.

Judgement if you are tried by a jury

• At the end of the trial, the judge sums up the case for the jury. They explain the jury's function and directs the jury to limit itself to the evidence presented in court and to disregard any media reports.
• The judge must direct the jury on any legal points that arise. For example, they may explain the legal ingredients of the offence of murder so that the jury can arrive at a verdict that is in accordance with the offence charge.
• As the case is a criminal one, the judge will also explain to the jury that it must be satisfied of your guilt beyond reasonable doubt.

Beyond reasonable doubt

In a criminal trial, guilt must be beyond reasonable doubt. Beyond reasonable doubt means that if there are two reasons given in the case and both are possible explanations for what happened, taken together with the evidence presented, the jury should give you the benefit of the doubt.

However, in a civil trial before a jury, the judge would explain to the jury that it must be satisfied of its verdict on the balance of probabilities.

You can read legal terms explained.

You can find out more about who’s who in the court of law.

Read more about classification of criminal offences.