What is a judge alone trial?

There are a number of obvious benefits of trial by judge alone. Most notably, it means that a judge has to give reasons for his or her verdict. This is in contrast to a jury decision, whose deliberations remain secret.

Why are some trials heard by a judge alone?

Generally applications for a trial by judge alone are made in circumstances where there is an overwhelming amount of media coverage and attention prior to the trial. These cases often raise concerns as to whether a jury can remain unbiased and impartial.

What is a trial with no judge called?

bench trial
bench trial – Trial without a jury in which a judge decides the facts.

What is the judge’s decision on the trial?

Trials in criminal and civil cases are generally conducted the same way. After all the evidence has been presented and the judge has explained the law related to the case to a jury, the jurors decide the facts in the case and render a verdict. If there is no jury, the judge makes a decision on the case.

When did judge alone trials start in SA?

South Australia have had provisions for Judge alone trials since 1984. The Juries Act 1927 SA provides that a trial will be by a Judge alone provided that an accused so requests and that prior to so doing has sought and obtained legal advice on that issue.5There is no discretion vested in either the prosecution or the court to refuse the election.6

Is the right to trial by judge alone in Australia?

The right to a trial by judge alone should be available in every part of Australia. In December last year the Andrews government said it would look at bringing Victoria into line with those jurisdictions that allow for judge-alone trials. One wonders why it has taken so long to examine this issue.

Can a trial be held without a jury in South Australia?

The South Australian Constitution has no such guarantee, and therefore in certain circumstances an accused can elect for a trial before a Judge sitting without a jury. Indictable offences under South Australian Criminal Law are divided into two categories, major indictable and minor indictable.

What is the acquittal rate for judge alone trials in NSW?

In 2009, there were only 53 judge-only trials in NSW out of a total of 575, or about 10%. The acquittal rate for judge-only trials was just 17.3% – far lower than the acquittal rate for jury trials of 43.8%.