The stages of a criminal matter 

A criminal matter moves through a broadly similar sequence of stages in every Australian jurisdiction, even though the fine detail and the names given to each step differ between the Code and common-law jurisdictions and between the state, territory, and Commonwealth systems. Understanding this sequence in outline is necessary before any single stage can be studied in depth.

Investigation

The process begins with investigation, typically conducted by police, who gather evidence through means such as questioning, search, seizure, and forensic examination. Investigative powers are themselves heavily constrained by statute and, for evidence gathered unlawfully or unfairly, by rules governing the exclusion of improperly obtained evidence. Investigation ends, where the evidence supports it, with a decision to charge a suspect.

Charge and initial appearance

A charge formally accuses a person of an offence and brings them into the court system, usually by summons or arrest followed by a first appearance before a magistrate. At this early stage, the court also typically deals with bail — whether the accused will be held in custody or released, subject to conditions, pending the resolution of the matter. Bail decisions weigh factors such as the risk of the accused failing to appear, the risk of further offending or interference with witnesses, and the strength of the case, against the presumption of innocence that the accused still enjoys at this stage.

Summary and indictable offences

Australian criminal offences are generally classified as either summary or indictable. Summary offences are, broadly, less serious offences dealt with entirely by a magistrate sitting without a jury, typically in a Local or Magistrates Court. Indictable offences are more serious and are, in principle, tried before a judge and jury, although many indictable offences can be dealt with summarily in a lower court if both the prosecution and the accused agree and the court consents, particularly where the offending is at the lower end of seriousness. Some offences are capable of trial either way depending on election; others are indictable only.

Where a matter proceeds as indictable and is not resolved summarily, it typically passes through a committal process in the lower court. Committal serves a filtering function: the magistrate (or, in some jurisdictions, a registrar) considers whether the evidence is sufficient to support a reasonable prospect of conviction, and whether the matter should proceed to the trial court. Committal is not a determination of guilt; it is a screening step, and the procedures used for it vary between jurisdictions.

Trial

At trial, the prosecution must prove the charge to the criminal standard. In the higher courts, indictable matters are ordinarily tried before a judge and jury, with the jury deciding the facts and the judge deciding questions of law and, if there is a conviction, imposing sentence. Summary matters are tried by a magistrate alone, who determines both fact and law. The trial itself follows a structured sequence — arraignment or plea, prosecution case, any defence case, addresses, and, in a jury trial, directions from the judge to the jury before verdict — but the detail of that sequence differs between jurisdictions and is not uniform across Australia.

The presumption of innocence and the criminal standard of proof

Every stage of this process operates within one unifying framework: the accused is presumed innocent until proven guilty, and the prosecution bears the burden of proving each element of the offence to the criminal standard — beyond reasonable doubt. Woolmington v Director of Public Prosecutions [1935] AC 462¹ is the foundational authority, describing this as the "golden thread" running through the criminal law. This is a markedly higher standard than the civil standard of the balance of probabilities, and it reflects the seriousness of the state's power to convict and punish. The presumption of innocence is not a mere formality; it informs bail decisions, the allocation of burdens where a defence is raised, and the structure of the trial itself, and it remains in place unless and until the prosecution discharges its burden.

Applying this in a problem question

1. Identify which stage of the process the facts concern, and do not conflate investigation, charge, and trial as though they raise the same issues.
2. Where the classification of the offence matters, work out whether it is summary, indictable, or triable either way, and note the practical consequences of that classification.
3. If the matter is indictable and proceeding to a higher court, identify the role committal has played or will play, and be clear that committal does not decide guilt.
4. Keep the presumption of innocence and the beyond reasonable doubt standard in view throughout, rather than treating them as relevant only at trial.
5. Note explicitly that procedural detail differs by jurisdiction, and avoid stating a specific procedural rule as uniformly Australian unless you have identified the jurisdiction.