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Criminal Procedure Act 2011

Trial - Provisions applying to jury trials - Conduct of jury trial

107: Conduct of jury trial

You could also call this:

"How a trial works when a jury is involved"

Illustration for Criminal Procedure Act 2011

When you are on a jury, you need to know how the trial will work. The person accusing someone of a crime, called the prosecutor, will tell you what they think happened and what evidence they have. You will hear this before they show you any evidence. The person accused of the crime, called the defendant, can then tell you what they think is important for you to know.

The prosecutor will show you their evidence first, and then the defendant will show you their evidence. The prosecutor can respond to the defendant's evidence, but they must follow the rules set out in the Evidence Act 2006. The defendant might be allowed to call a witness, like an expert, after the prosecutor has called a particular witness.

When the prosecutor has finished showing you their evidence, the defendant can tell you more about their case. After all the evidence has been shown, the prosecutor can sum up their case. The defendant can then sum up their case, and the prosecutor cannot respond after that.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3360179.

Topics:
Crime and justice > Courts and legal helpCrime and justice > Criminal law
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Part 4Trial
Provisions applying to jury trials: Conduct of jury trial

107Conduct of jury trial

  1. The prosecutor must make an opening statement that indicates to the jury the nature of the offences alleged and the evidence that he or she will call.

  2. After the opening statement by the prosecutor and before any evidence is adduced, the defendant may make an opening statement for the purposes of identifying the issue or issues at the trial.

  3. Unless the court directs otherwise, the prosecutor and the defendant must call evidence in the following sequence:

  4. the prosecutor may adduce the evidence in support of the prosecution case:
    1. the defendant may adduce any evidence that he or she wishes to present:
      1. subject to section 98 of the Evidence Act 2006, the prosecutor may adduce evidence in rebuttal of evidence given by or on behalf of the defendant.

        1. Without limiting subsection (3), the court may give the defendant leave to call 1 or more witnesses (for example, an expert witness) immediately after the prosecutor has called a particular witness or witnesses.

        2. At the end of the prosecution case, the defendant may make a further statement that indicates to the jury the nature of his or her case and the evidence that he or she will call.

        3. When all the evidence (including any evidence given on cross-examination, re-examination, or in rebuttal) is concluded, the prosecutor may make a closing address.

        4. After the closing address (if any) by the prosecutor, the defendant may make a closing address and the prosecutor has no right of reply in any case.

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