Guilty or Not Guilty

Pleas of Guilty

If a plea of guilty is to be entered it can normally be done very swiftly, often at the first mention date. It is advisable to obtain legal assistance before entering a plea of guilty.

Upon entering a plea of guilty, the defendant will listen to the police prosecutor read out a summary of the case against him or her. The defendant is then entitled to address the magistrate to explain:

• why he or she committed the offence; and
• any relevant factors which should be taken into about when determining the punishment for the offence.

Following this, the magistrate will normally consider what he or she has heard from both sides and then impose a punishment on the defendant.

Hearings

If a person does not want to plead guilty, the matter is set for a “hearing” where the magistrate hears evidence and decides whether or not the accused person is guilty. Hearings in the Magistrates Court are often heard a couple of months after the first mention.

An accused is entitled to see all of the exhibits and witness statements collected by the police prior to hearing. On the other hand, a defendant generally does not have to disclose his evidence to the police in advance of the hearing.

The normal process followed at a hearing is that the prosecution calls each of its witnesses one at a time. Each witness is examined (questioned) by the prosecutor and then cross-examined by the defendant (or the defendant’s lawyer).

The prosecutor can then re-examine the witness on a limited basis if need be. At the conclusion of the prosecution case, the defence can then present its case if it wants to introduce any evidence.

Every defendant is presumed to be innocent and it is the prosecution that must prove guilt beyond a reasonable doubt. Therefore, an accused person has the right not to give evidence and can elect to not call any other witnesses. If the defendant elects to give evidence or call other witnesses, the order of questioning outlined above is reversed during the defence case.

If you have any questions or would like to speak with one of our solicitors, please contact us.