A trial before a Court of Session is an important stage in a criminal trial process.
Important Points regarding the Trial Before a Court of Session
- A Court of Session is a court of original criminal jurisdiction and has the power to try serious criminal offenses such as murder, rape, and other offenses punishable with imprisonment for a term of seven years or more.
- The trial before a Court of Session is conducted by a judge who is assisted by a jury, in cases where the accused has pleaded not guilty.
- The trial commences with the framing of charges against the accused by the judge.
- The accused is required to enter a plea of guilty or not guilty in response to the charges.
- If the accused pleads guilty, the judge proceeds to deliver the verdict and sentence the accused accordingly.
- If the accused pleads not guilty, the trial proceeds and the prosecution is required to prove the charges beyond reasonable doubt.
- The prosecution presents its case by calling witnesses and producing evidence in support of the charges.
- The defense is given the opportunity to cross-examine the witnesses and challenge the evidence presented by the prosecution.
- After the prosecution has presented its case, the defense may present its case by calling witnesses and producing evidence in support of its defense.
- The prosecution and the defense are given the opportunity to make final arguments before the judge and the jury.
- The judge then gives directions to the jury on the law applicable to the case and the jury is required to give a verdict based on the evidence presented during the trial.
- If the accused is found guilty, the judge proceeds to deliver the sentence. If the accused is found not guilty, the accused is acquitted
