skip to content

Refine results

Search by

Search by Algolia
Law Handbook banner image

The defence

In every trial the prosecution must prove that the accused is guilty beyond a reasonable doubt. The accused does not have to prove that she or he is not guilty.

The accused does not have to present any evidence. She or he may simply argue to the jury that the prosecution has not proved her or him guilty because after hearing all the prosecution evidence they should still not be satisfied beyond a reasonable doubt the she or he is guilty.

The accused however, may go into the witness box to give evidence on oath and be cross-examined and call other witnesses on her or his behalf. The accused may choose not to give evidence personally but call other witnesses, who may be cross-examined by the prosecutor.

The defence  :  Last Revised: Wed Oct 26th 2005
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.