Presenting Your Defence in Court

When contesting charges at the Magistrates’ Court, presenting your defence effectively can make a significant difference in the outcome of your case. Here’s an overview of what happens during the defence phase and tips for navigating cross-examination.

Submissions: Why You Should Not Be Convicted

Before presenting evidence, your solicitor may make submissions explaining why you should not be convicted. These submissions do not require you to provide evidence but may limit your ability to call evidence later.

The Defence Case

If you choose to present evidence, this is typically done by:

1. Answering questions from your solicitor during evidence-in-chief.
2. Remaining calm and natural—rehearsed testimony can appear less credible.

Your solicitor will guide you carefully, and you may choose whether or not to give evidence based on the strength of the Police case.

Cross-Examination Tips

Cross-examination can be a challenging part of the process. Here are a few tips to help you handle it effectively:

• Keep answers concise: respond with “yes” or “no” where possible.
• Avoid arguing with the Prosecutor or making speeches.
• Stay truthful and avoid exaggeration—this enhances your credibility.
• If unsure of an answer, it’s acceptable to say, “I cannot remember.”
• Take a moment before answering questions to allow your solicitor time to object if necessary.

Final Submissions

After all evidence has been presented, both parties will make final submissions. These arguments summarize the case, highlighting key evidence to support their positions.

The Magistrate will then make a decision based on the submissions and evidence presented. The outcome will either be a guilty or not guilty verdict.

Need Help with Your Case?

At Elbob & Stephenson Legal, we provide expert legal guidance and representation to ensure the best possible outcome for your matter. If you’re facing court proceedings, we can assist you through every step of the process. Contact us to learn more about our services and to obtain our contact details. Let us help you navigate this challenging time with confidence.