Trials
You may be innocent of the charge. When you first appear before the Magistrates Court you will be able to state you are not guilty to the offence. The procedure following this is not swift. A Pre-Trial Review date will be fixed. This is to allow both the Defence and Prosecution time to gather evidence. Following this, a trial date is normally fixed roughly 2 to 3 months after your first appearance.
Court procedure in a Magistrates Court Trial is as follows, (usually for speeding or drink driving type cases):
On that day you will come back to the Magistrates Court. The prosecution will then give their evidence by calling witnesses and reading out statements. We can cross-examine their witnesses.
It will then be our turn to call evidence. You will give evidence first and if we have any witnesses they will then have their turn to give evidence. The prosecution can cross-examine you and your witnesses. The question, which you will have to think about, is whether you should give evidence. If you choose not to give evidence or refuse to answer any question, the Magistrates can use your silence as an additional piece of evidence against you.
The Magistrates will then give their verdict. |