How a Jury Trial in Ireland is conducted

Information

Jury trials in Ireland usually follow the following format:

1. The indictment will be read out, which tell you the offences (counts) to which the defendant has pleaded not guilty.
2. The opening speech of the trial is by the prosecution. Counsel will open the case and will tell the jury about matters that the prosecution intends to prove. Counsel will give an outline of the facts and evidence that the prosecution intends to call. He/she will explain the nature of the charges alleged against the accused.
3. After the opening address to the jury, the prosecution will call witnesses, usually in the order listed in the Book of Evidence. Counsel will ask the witnesses questions to allow them to tell their story and give their evidence in their own words. Documents and statements may be introduced. Forensic evidence may be introduced as exhibits and the jury is usually given an opportunity to examine such exhibits.
4. When the prosecuting counsel has finished asking each witness questions, the defence counsel may "cross-examine" the witness. If the defence intends to challenge a prosecution witness's evidence, the defence counsel must explain the basis for the challenge to the witness.
5. When the prosecuting counsel has finished presenting the case for the prosecution, the defence will begin. The defence counsel will open the defence and will call witnesses and introduce evidence. Each witness may be cross-examined by the prosecution. The accused is not obliged to give evidence.
6. At the end of the case, both the prosecution and the defence counsel will summarise the facts for the jury and emphasise the merits of their own case.
7. At the end of the trial, the judge will sum up the case for the jury. He/she will explain the jury's function and direct the jury to confine itself to the evidence presented in court and to disregard any media reports.
8. The judge must direct the jury on any legal points that arise. For example, he/she may explain the legal ingredients of the offence of murder so that the jury can arrive at a verdict that conforms to that legal rule.
9. If the case is a criminal one, the judge will also explain to the jury that it must be satisfied of the guilt of the accused beyond reasonable doubt. Beyond reasonable doubt means that if there are two reasons given in the case and both are possible explanations for what happened, taken together with the evidence presented, the jury should give the accused the benefit of the doubt.
10. If the case is a civil one, the judge will explain to the jury that it must be satisfied of its verdict on the balance of probabilities.