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Bench trial


A bench trial is a trial by judge, as opposed to a trial by jury. The term applies most appropriately to any administrative hearing in relation to a summary offense to distinguish the type of trial. Many legal systems (Roman, Islamic) use bench trials for most or all cases or for certain types of cases.

While a jury renders a verdict, a judge in a bench trial does the same by making a finding.

All civil trials taking place in the United Kingdom proceed without a jury and are heard by a judge sitting alone, commonly known as a district judge or, for more serious matters or appeals, a circuit judge.

Summary criminal trials may be heard by a single district judge (Magistrates' Court) or by a panel of at least two, but more usually three, magistrates.

Section 47 Criminal Justice Act 2003 does allow a bench trial for indictable offences, but is rarely used, having been exercised only two times since its inception.

One of the recommendations of the Commission of Inquiry 2008-2009 in Turks and Caicos was that provisions be made for criminal trials without juries, following the precedent in England and Wales. Other examples cited included the United States, the Commonwealth of Nations including India and Canada, the British overseas territories of the Falkland Islands and St. Helena, and the Netherlands.

In U.S. law, for most criminal cases, trial by jury is usually a matter of course as it is a constitutional right under the Sixth Amendment and cannot be waived without certain requirements. Under section 21 of the rules of Federal Criminal Procedure, if a defendant is entitled to a jury trial, the trial must be by jury unless (1) the defendant waives a jury trial in writing; (2) the government consents, and (3) the court approves.


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