A bench trial is a

trial In law, a trial is a coming together of parties to a dispute, to present information (in the form of evidence) in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court. The tribunal, w ...

judge A judge is a person who wiktionary:preside, presides over court proceedings, either alone or as a part of a judicial panel. In an adversarial system, the judge hears all the witnesses and any other Evidence (law), evidence presented by the barris ...

, as opposed to a

jury A jury is a sworn body of people (jurors) convened to hear evidence, make Question of fact, findings of fact, and render an impartiality, impartial verdict officially submitted to them by a court, or to set a sentence (law), penalty or Judgmen ...

. The term applies most appropriately to any administrative hearing in relation to a

summary offense A summary offence or petty offence is a violation in some common law jurisdictions that can be proceeded against summarily, without the right to a jury trial and/or indictment (required for an indictable offence). Canada In Canada, summary offe ...

to distinguish the type of trial. Many legal systems (

Roman Roman or Romans most often refers to: *Rome, the capital city of Italy *Ancient Rome, Roman civilization from 8th century BC to 5th century AD *Roman people, the people of Roman civilization *Epistle to the Romans, shortened to Romans, a letter w ...

Islamic Islam is an Abrahamic religions, Abrahamic monotheistic religion based on the Quran, and the teachings of Muhammad. Adherents of Islam are called Muslims, who are estimated to number Islam by country, 2 billion worldwide and are the world ...

) use bench trials for most or all cases or for certain types of cases. As a jury renders a

verdict In law, a verdict is the formal finding of fact made by a jury on matters or questions submitted to the jury by a judge. In a bench trial, the judge's decision near the end of the trial is simply referred to as a finding. In England and Wales ...

, in a bench trial, a judge does the same by making a

finding Find, FIND or Finding may refer to: Computing * find (Unix), a command on UNIX platforms * find (Windows), a command on DOS/Windows platforms Books * ''The Find'' (2010), by Kathy Page * ''The Find'' (2014), by William Hope Hodgson Film and t ...

United Kingdom

England and Wales

Most civil trials proceed without a jury and are heard by a judge sitting alone. Summary criminal trials may be heard by a single district judge (

magistrates' court A magistrates' court is a lower court where, in several Jurisdiction (area), jurisdictions, all criminal proceedings start. Also some civil matters may be dealt with here, such as family proceedings. Courts * Magistrates' court (England and Wales) ...

) or by a panel of at least two, but more usually three, magistrates. Section 47 of the

Criminal Justice Act 2003 The Criminal Justice Act 2003 (c. 44) is an Act of the Parliament of the United Kingdom. It is a wide-ranging measure introduced to modernise many areas of the criminal justice system in England and Wales and, to a lesser extent, in Scotland a ...

allows a bench trial for indictable offences, but is rarely used, having been exercised only two times since its inception.

Scotland

Most civil trials in

Scotland Scotland is a Countries of the United Kingdom, country that is part of the United Kingdom. It contains nearly one-third of the United Kingdom's land area, consisting of the northern part of the island of Great Britain and more than 790 adjac ...

are conducted in a

sheriff court A sheriff court () is the principal local civil and criminal court in Scotland, with exclusive jurisdiction over all civil cases with a monetary value up to , and with the jurisdiction to hear any criminal case except treason, murder, and ra ...

by a

sheriff A sheriff is a government official, with varying duties, existing in some countries with historical ties to England where the office originated. There is an analogous, although independently developed, office in Iceland, the , which is common ...

sitting alone. In the

Court of Session The Court of Session is the highest national court of Scotland in relation to Civil law (common law), civil cases. The court was established in 1532 to take on the judicial functions of the royal council. Its jurisdiction overlapped with othe ...

, a judge in either the outer or inner house usually sits alone; but may sit with a jury in certain trials such as

personal injury Personal injury is a legal term for an Injury (law), injury to the body, mind, or emotions, as opposed to an injury to property. In common law, common law jurisdictions the term is most commonly used to refer to a type of tort lawsuit in which the ...

claims. Summary criminal trials are conducted by a sheriff in a sheriff court or a justice of the peace in the

justice of the peace court A justice of the peace court is the lowest authoritative type of criminal court in Scotland. The court operates under summary procedure and deals primarily with less serious criminal offences. History The commission of the peace was origina ...

sitting alone as regulated by th
Criminal Procedure (Scotland) Act 1995
Those trials requiring juries are called solemn procedure and are also regulated under the Act.

Turks and Caicos

One of the recommendations of the Commission of Inquiry 2008–2009 in

Turks and Caicos The Turks and Caicos Islands (abbreviated TCI; and ) are a British Overseas Territory consisting of the larger Caicos Islands and smaller Turks Islands, two groups of tropical islands in the Lucayan Archipelago of the Atlantic Ocean and no ...

was that provisions be made for criminal trials without juries, following the precedent in

England and Wales England and Wales () is one of the Law of the United Kingdom#Legal jurisdictions, three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. Th ...

. Other examples cited included the

United States The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 ...

, the

Commonwealth of Nations The Commonwealth of Nations, often referred to as the British Commonwealth or simply the Commonwealth, is an International organization, international association of member states of the Commonwealth of Nations, 56 member states, the vast majo ...

including

India India, officially the Republic of India, is a country in South Asia. It is the List of countries and dependencies by area, seventh-largest country by area; the List of countries by population (United Nations), most populous country since ...

and

Canada Canada is a country in North America. Its Provinces and territories of Canada, ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, making it the world's List of coun ...

, the

British overseas territories The British Overseas Territories (BOTs) or alternatively referred to as the United Kingdom Overseas Territories (UKOTs) are the fourteen dependent territory, territories with a constitutional and historical link with the United Kingdom that, ...

of the

Falkland Islands The Falkland Islands (; ), commonly referred to as The Falklands, is an archipelago in the South Atlantic Ocean on the Patagonian Shelf. The principal islands are about east of South America's southern Patagonian coast and from Cape Dub ...

and

St. Helena Saint Helena (, ) is one of the three constituent parts of Saint Helena, Ascension and Tristan da Cunha, a remote British overseas territory. Saint Helena is a volcanic and tropical island, located in the South Atlantic Ocean, some 1,874 km ...

, and the

Netherlands , Terminology of the Low Countries, informally Holland, is a country in Northwestern Europe, with Caribbean Netherlands, overseas territories in the Caribbean. It is the largest of the four constituent countries of the Kingdom of the Nether ...

United States

United States law The law of the United States comprises many levels of Codification (law), codified and uncodified forms of law, of which the supreme law is the nation's Constitution of the United States, Constitution, which prescribes the foundation of the ...

, for most criminal cases that proceed to trial,

trial by jury A jury trial, or trial by jury, is a legal proceeding in which a jury makes a decision or findings of fact. It is distinguished from a bench trial, in which a judge or panel of judges makes all decisions. Jury trials are increasingly used ...

is usually a matter of course as it is a constitutional right under the Sixth Amendment and cannot be waived without certain requirements. In the federal court system, under Rule 23 of the

Federal Rules of Criminal Procedure The Federal Rules of Criminal Procedure are the procedural rules that govern how federal criminal prosecutions are conducted in United States district courts and the general trial courts of the U.S. government. They are the companion to the F ...

, if a defendant is entitled to a jury trial, the trial must be by jury unless the defendant waives a jury trial in writing. In the various state court systems, waiver of jury trial can vary by jurisdiction. Missouri has Missouri Supreme Court Rule 27.01(b), "The defendant may, with the assent of the court, waive a trial by jury and submit the trial of any criminal case to the court..."; the prosecution needs not consent. With bench trials, the judge plays the role of the jury as

finder of fact In law, a trier of fact or finder of fact is a person or group who determines disputed issues of fact in a legal proceeding (usually a trial) and how relevant they are to deciding its outcome. To determine a fact is to decide, from the evidence ...

in addition to making

conclusions of law In law, a question of law, also known as a point of law, is a question that must be answered by a judge and can not be answered by a jury. Such a question is distinct from a question of fact, which must be answered by reference to facts and eviden ...

. In some bench trials, both sides have already stipulated to all the facts in the case (such as

civil disobedience Civil disobedience is the active and professed refusal of a citizenship, citizen to obey certain laws, demands, orders, or commands of a government (or any other authority). By some definitions, civil disobedience has to be nonviolent to be cal ...

cases designed to test the constitutionality of a law). Because of needing fewer formalities, these cases are usually faster than jury trials. For example, there is no

jury selection Jury selection is the selection of the people who will serve on a jury during a jury trial. The group of potential jurors (the "jury pool,” also known as the ''venire'') is first selected from among the community using a reasonably random metho ...

phase and no need for sequestration or

jury instructions Jury instructions, also known as charges or directions, are a set of legal guidelines given by a judge to a jury in a court of law. They are an important procedural step in a trial by jury, and as such are a cornerstone of criminal process in many ...

. A bench trial (whether criminal or civil) that is presided over by a judge has some distinctive characteristics, but it is similar to a jury trial. For example, the

rules of evidence The law of evidence, also known as the rules of evidence, encompasses the rules and legal principles that govern the proof of facts in a legal proceeding. These rules determine what evidence must or must not be considered by the trier of fa ...

and methods of objection are the same in a bench trial as in a jury trial. Bench trials, however, are frequently less formal than jury trials. It is often less necessary to protect the record with objections, and sometimes evidence is accepted '' de bene'' or provisionally, subject to the possibility of being struck in the future.

Israel

Israel Israel, officially the State of Israel, is a country in West Asia. It Borders of Israel, shares borders with Lebanon to the north, Syria to the north-east, Jordan to the east, Egypt to the south-west, and the Mediterranean Sea to the west. Isr ...

all cases are heard before a judge or a panel of judges.

India

All trials in India since 1973 are heard by a judge or a division bench of judges. The main reason for the abolishment of jury trial in India was due to a popular case K.M Nanavati vs State of Maharashtra, in which the jury gave a verdict of not guilty even when all the evidence was present against the accused, resulting in a

jury nullification Jury nullification, also known as jury equity or as a perverse verdict, is a decision by the jury in a trial, criminal trial resulting in a verdict of Acquittal, not guilty even though they think a defendant has broken the law. The jury's reas ...

Civil law

In most countries with "Roman law" or civil law, there is no "jury" in the English sense, and trials are necessarily bench trials. However, in more complicated cases,

lay judge A lay judge, sometimes called a lay assessor (law), assessor, is a person assisting a judge in a trial. Lay judges are used in some civil law (legal system), civil law jurisdictions. Lay judges are appointed volunteers and often require some legal ...

s can be called. They are not randomly selected, as juries are. They are professional, although not legally trained as jurists, and vote as judges. One notable exception, from French law, is

cour d'assises In France, a ''cour d'assises'', or Court of Assizes or Assize Court, is a Criminal law, criminal trial court with original jurisdiction, original and Appellate jurisdiction, appellate limited jurisdiction to hear cases involving defendants accu ...

, where jurors are allotted and vote alongside professional judges.

References

{{Reflist Types of trials