What is the hearing process?
What the prosecutor will do
The prosecutor will start, and:
- will call witnesses to testify against you. You may cross-examine them
- may produce physical or written evidence to support their case against you.
Once all the prosecutor’s witnesses and evidence are finished with, their case is closed.
What you may do
After the prosecutor is finished, you may:
- give evidence, and/or
- call your own witnesses.
Both you and your witnesses may be cross-examined by the prosecutor.
Once all your witnesses and evidence are finished with, your case is then closed.
As an accused person, you’re presumed to be innocent until proven guilty. Therefore you don’t have to give or call additional evidence in order to prove your innocence. It’s up to the prosecutor to prove that you’ve committed the offences alleged. If they don’t do this to the Magistrate’s satisfaction, then you’ll be discharged.
The verdict
If the verdict is guilty, the Magistrate may sentence you then and there, or may adjourn your matter to a later date for sentencing.
If you are convicted of a serious offence in the Magistrates Court, the court must impose a compensation levy under the Victims of Crime Compensation Act 1994.
If the verdict is not guilty you are free to go.