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THE TRIAL

If the defendant has pleaded not guilty the matter will be listed as a defended hearing. and date set for trial. At the trial the prosecution must prove not only that the defendant did the act but that the defendant knew what she or he was doing. This must be proved beyond reasonable doubt.

To begin the trial, firstly the defendant is asked how they plead to the charges. The prosecution must fully present their case first. 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 on the Bible or give an affirmation to tell the truth. The prosecutor then questions the witnesses (examination-in-chief). When the prosecutor has finished examining the witness, the defendant is entitled to ask the witness questions in cross-examination.

THE TRIAL  :  Last Revised: Wed Oct 26th 2005




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