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Trials - Summary Offences

If the defendant has pleaded not guilty, the matter will be listed as a defended hearing and a date set for trial. At the trial, the prosecution must prove, not only that the defendant did the act, but in most cases also that the defendant knew what she or he was doing (or were reckless). These elements must be proved beyond reasonable doubt.

To begin the trial, the defendant is asked how they plead to the charges. If the plea is still 'not guilty', the prosecution must then fully present its case.

The prosecutor will give a brief summary of the prosecution case and say which witnesses will be called - this is called the opening address. The police officers and other witnesses are then called one by one to give their evidence.

On first entering the witness box each witness is required to take an oath or give an affirmation to tell the truth. The prosecutor then questions the witnesses (examination-in-chief). When the prosecutor has finished asking questions to the witness, the defendant is entitled to ask the witness questions in cross-examination.

Trials - Summary Offences  :  Last Revised: Tue Nov 24th 2015
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