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The trial of all criminal offenses shall be conducted in the following manner:

A. The Court shall call the case name and number and ask the parties if they are ready to proceed. If the parties are not ready, the Court may continue the case or direct the case to proceed in its discretion.

B. If the parties are ready to proceed, and if the case is to be tried by a jury, the Judge should require all prospective jurors to decide the case in a fair and impartial manner if selected for jury duty.

C. If the case is to a jury, the Court should select a potential jury panel as selected under the Civil Procedure Act 1 at random and question them to determine if they have any interest in the case.

D. When the Court is satisfied that no juror should be dismissed for statutory cause, the prosecution and then the defendant shall be allowed to question the prospective jurors. The Court may delay any examination it wishes to make until after the parties have examined the jury panel.

E. If it appears that a prospective juror is related to a party in the case or is biased for or against a party, or if the outcome would significantly affect the property, family or other important interest of the prospective juror, the Court shall dismiss him or her for cause and select another person from the jury panel.

F. Both the Prosecutor and the defendant may alternatively request the Court to dismiss any juror by peremptory challenge. Each party shall have three peremptory challenges and the Court may not refuse to grant them. No reasons need be given for the challenges and alternate jurors shall be examined and selected as the original panel was selected. The final jury panel should then be sworn.

G. The Court should request the Prosecutor to read the criminal complaint and to make his or her opening statement. Prior to reading the complaint, the Court should explain to the jury that the complaint is not evidence, but is being read for the sole purpose of informing the defendant and the jury of the offense(s) charged against the defendant. The Court should also inform the jury that the statements of counsel are not evidence but are presented so that the jury will have an opportunity to hear what counsel for each party expects the evidence to show.

H. The Prosecutor should then read the complaint and briefly present the facts which he or she intends to prove to show the offense(s). No argument of the facts or law shall be allowed. In reading the complaint, no reference to any recommendation for banishment may be made prior to the verdict of guilty or not guilty.

I. The defense may then make an opening statement or may reserve their opening statement until the beginning of the presentation of the defense evidence.

J. The Prosecutor shall present his or her evidence followed by the defendant’s presentation of his or her defense evidence. After the defendant has presented his or her evidence, the Prosecutor may present evidence in rebuttal.

K. The Prosecutor shall then present his or her closing argument, the defendant his or her closing argument, and the Prosecutor shall be allowed to present rebuttal.

L. If trial is by jury, the Judge should give them his or her instructions and they shall retire to decide their verdict. If the trial is to the Judge, he or she shall then make his or her decision or announce the time at which he or she will present his or her decision.

M. If the verdict is “not guilty,” the defendant should be discharged and bail exonerated.

N. If the verdict is “guilty” the Judge may impose sentence immediately or may hold a hearing at a later time and date to decide on an appropriate sentence. In a case tried before a jury, the Court, after receiving a verdict of “guilty,” shall inform the jury if banishment has been recommended as a punishment of the offense(s). The prosecution and the defense shall then be given an opportunity to present any additional evidence they may wish to present on the issue of whether banishment should be imposed, and the prosecution shall be given the final opportunity to rebut any defense evidence. The jury should then be requested to retire and consider whether banishment should be imposed and the maximum term thereof. No banishment shall be imposed in excess of the term recommended by a unanimous vote of the jury, although a recommendation that banishment be imposed is not binding on the Judge.

O. After sentencing, the Judge may hold a hearing to determine an appeal bond if an appeal is filed.

1See 3 ONC § 1-101 et seq.