It is up to the judge, magistrate or jury to consider the evidence and try to reach a verdict.
If the verdict is 'not guilty', the accused is said to have been acquitted and is usually free to leave the court.
If the jury's verdict is 'guilty', the accused is said to have been convicted. To reach a verdict of 'guilty', the judge, magistrate or jury must find that the prosecution case has been proved beyond reasonable doubt.
If jurors cannot agree, then it is a 'hung' jury and the trial is aborted. There may have to be a re-trial. Any decision as to a retrial is made by the Director of Public Prosecutions.
In certain circumstances, the offender, the Crown (through the Director of Public Prosecutions) or the Attorney General can initiate an appeal.
Last updated: 18-Feb-2013
[ back to top ]