Trial in district court

A bench trial

District court criminal trials are generally bench trials: the judge hears the evidence, decides which witnesses to believe, and decides whether the charge has been proved. There is no jury deciding the outcome.

Who has to prove what

The State has the burden of proving the charge beyond a reasonable doubt. That burden stays with the State throughout — it never shifts to the person accused.

The defendant does not have to prove anything. A person accused of an offence need not testify or call witnesses. The question is whether the State proved its case.

How it usually runs

• the State calls its witnesses and presents its evidence;
• the defense may cross-examine each of the State's witnesses;
• the defense may present its own evidence and witnesses, though it is not required to;
• each side may make arguments about what the evidence shows;
• the judge decides.

What follows

If the judge finds the State did not prove the charge, the case ends. If the judge finds the charge proved, the case moves to sentencing, where the judge imposes a sentence within what the law allows for that offense.