What Happens at a Criminal Trial in NSW

If you're facing a defended criminal matter, it helps to know what the process actually looks like before you get there. NSW has two very different trial pathways, and which one applies to you depends entirely on the type of offence you're charged with.

This guide explains the general process for both pathways, roughly how long each takes, and what a typical trial day involves. It's general information only — every case is different, and your lawyer will walk you through the specific steps that apply to your matter.

Local Court vs District Court: Which Applies to My Case?

NSW criminal offences generally fall into one of two categories. Summary offences — the majority of charges, including most driving matters, common assault, and many AVO proceedings — are finalised entirely in the Local Court. Indictable offences are more serious matters that are dealt with in the District Court or, for the most serious charges such as murder, the Supreme Court.

Some offences sit in between. These "Table offences" are indictable but can be finalised in the Local Court unless either the prosecution or the defence elects to have the matter dealt with in a higher court instead. A charge like assault occasioning actual bodily harmis a common example of a matter that can go either way depending on the circumstances and how it's elected.

What Happens at a Local Court Hearing?

A Local Court defended hearing has no jury. A single Magistrate hears the evidence, decides whether the charge is proven, and — if it is — determines the sentence. Broadly, the hearing follows this order:

1. Prosecution case: The police prosecutor calls witnesses and tenders evidence, and your lawyer has the opportunity to cross-examine each witness.
2. Defence case: Your lawyer may call evidence on your behalf, though there is no obligation to do so — the prosecution must prove the charge beyond reasonable doubt.
3. Closing submissions: Both sides address the Magistrate on how the evidence should be viewed and what the law requires.
4. Verdict: The Magistrate delivers a decision, either on the day or at a later date, and proceeds directly to sentencing if the charge is proven.

What Happens at a District/Supreme Court Trial?

A jury trial follows a more formal structure. Again, this is general information only, and the exact process can vary between matters:

1. Jury empanelment: A panel of members of the public is selected to form the jury for your trial.
2. Prosecution opening: The Crown prosecutor outlines the case the jury is about to hear.
3. Evidence: The prosecution calls its witnesses, subject to cross-examination by the defence, followed by any defence evidence.
4. Jury directions: The trial judge explains the relevant law and how it should be applied to the facts.
5. Verdict: The jury deliberates privately and returns a verdict. If guilty, sentencing is a separate hearing decided by the judge alone, not the jury.

How Long Does a Criminal Trial Take in NSW?

This varies enormously with the complexity of the matter. A straightforward Local Court hearing often finishes within a single day, though more complex Local Court matters can run over several days. A jury trial in the District or Supreme Court commonly takes anywhere from a few days to several weeks, depending on the number of witnesses, charges, and legal issues involved. It's also worth noting that the time from being charged to the trial actually starting — including committal and case management — is usually much longer than the hearing itself, often stretching to many months or longer.

What Should I Expect on the Day of My Trial?

Court lists are often busy, so expect some waiting even once you've arrived. Check the court list for your courtroom and approximate listing time, and keep your phone off once inside. For a full breakdown of courtroom etiquette, arrival timing, and what to bring, see our guide on going to court in NSW — the same conduct expectations apply on a trial day.

Beyond etiquette, it helps to know that trial days can be emotionally demanding. Bring any documents your lawyer has asked for, arrange a support person if you'd like one in the public gallery, and speak to your lawyer beforehand about what to expect that day specifically.

Do I Need a Lawyer for My Trial?

You're entitled to represent yourself, but a trial — whether in the Local Court or before a jury — involves technical rules of evidence, cross-examination, and legal argument that are difficult to navigate without experience. Having an experienced lawyer doesn't guarantee any particular outcome, but it ensures your case is presented properly, objections are raised where appropriate, and the court hears the strongest version of your defence.

How we can help

At NS Criminal Lawyers and Associates, we represent clients at defended hearings in the Local Court and at jury trials in the District and Supreme Court. We prepare thoroughly ahead of every trial date and make sure you know exactly what to expect before you set foot in the courtroom.