# Trial process: what happens in court and the order in which it takes place?



## joey54 (31 Oct 2008)

Hi all,

Does anybody know of a book that would go through a whole trial process for me? LIke what happens in court and the order in which it takes place? Cheers


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## Dachshund (2 Nov 2008)

*Re: A trial process*

The Citizens Information site details the process of the jury trial. Just follow the links on this page.


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## Stifster (2 Nov 2008)

*Re: A trial process*

It depends on what the case is about? Civil/Criminal?


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## joey54 (5 Nov 2008)

*Re: A trial process*



Stifster said:


> It depends on what the case is about? Civil/Criminal?



It's a criminal case, are things different with this? Thanks


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## Askar (5 Nov 2008)

*Re: A trial process*

Which court is the case to be tried in - District Court, Circuit Court, Central Criminal Court, Special Criminal Court? What is/are the offence(s) being charged?


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## joey54 (5 Nov 2008)

*Re: A trial process*



Askar said:


> Which court is the case to be tried in - District Court, Circuit Court, Central Criminal Court, Special Criminal Court? What is/are the offence(s) being charged?



Sorry I should have made it clearer. I'm doing research into court proceedings and I'm trying to find a book/website that will give me information on the Trial Process. e.g What happens in court. 

I'm interested in a Criminal trial taking place in the district court. It would be for assault too. Hope this is clearer.


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## Vanilla (5 Nov 2008)

*Re: A trial process*



joey54 said:


> Sorry I should have made it clearer. I'm doing research into court proceedings and I'm trying to find a book/website that will give me information on the Trial Process. e.g What happens in court.
> 
> I'm interested in a Criminal trial taking place in the district court. It would be for assault too. Hope this is clearer.


 
I'm not aware of any such book but you could try either popping into the library in Blackhall place and asking them or maybe ring your local district court clerk and ask if there is another assault case coming up so that you could go along and listen.


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## Askar (5 Nov 2008)

*Re: A trial process*

Don't think law society library lends to non-solicitors; but it would be a good idea to contact local district court and enquire as to when an assault case is listed for hearing.

The District Court hearing is not a very complicated trial process. 

1. Person is arrested, charged and brought before the court where bail is usually given or accused remande in custody to next court date; alternatively, accused can be summonsed to appear before the court on a specified date;
2. Person usually instructs solicitor who will apply to District Court judge for a Gary Doyle order looking for production of all witness statements in advance of trial;
3. case adjourned for hearing on a specified date (or for mention for a hearing date);
4. Assuming no problem with witness availability matter proceeds on hearing date.
5. State Solicitor/DPPSolicitor/prosecuting guard/Local superintendent (depending on court location and prosecution practice) will present the case and call relevant witnesses who will include injured party, anyone who witnessed alleged assault and investigating guard. If any video evidence, photographs or statement of admission by accused then various technical witnesses also required. Medical evidence may also be given by a doctor who treated the injured party, but my own experience is that injured party generally describes his/her injuries.
6. These witnesses will be cross-examined by Defendants solicitor, who will put defendants case to injured party and any witnesses with whom defendant disputes facts.
7. Defendants solicitor may seek a direction to have case dismissed on basis that offence has not been proven - eg doubt over identification of accused as assailant.
8. If Judge rules that there is a case to answer then Defendants solicitor will call witnesses considered relevant to defendants case (including the defendant).
9. These witness(es) are cross examined by the prosecution.
10. Judge then makes a determination. If found guilty, accused can be fined and/or sentenced up to 12 months in prison. Often injured party will also be bringing a civil action and his/her solicitor is in court doing a watching brief. Judge will often look to adjourn case for sentencing and to allow accused to pay compensation to injured party.
11. Any sentence and/or fine can be appealed to Circuit Court. Any error in law or unfair procedure or prejudicial comment by the Judge can be judicially reviewed. Time limits govern both processes.


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## joey54 (5 Nov 2008)

Thanks for all your help. I'm going to try to sit in on a case like this. Many thanks again.


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## mvron (5 Nov 2008)

Excellent post by Askar. You could check out courts.ie and click on the District Court tab. 

Also, RTE did a very good Prime Time Episode of the vagaries of the District Court. It's available as a podcast on their website - just search the RTE website - prime time investigates - district court. Might give you an idea what's ahead.


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