Not Guilty Hearings
The Police must prove that you are guilty of the offence beyond a reasonable doubt. If the Magistrate has a reasonable doubt than they must dismiss the charge. In most cases you do not have to prove anything and you are presumed to be innocent of the offence until proven guilty.
The Police Case
The Police Prosecutor who represents the Police will call witnesses to try and prove that you committed the crime. When the witnesses first give evidence, they are giving "evidence in chief". Lex Fori Lawyers may object to questions asked by the Police Prosecutor in certain circumstances.
After the Police Prosecutor has finished asking the witness questions you or your solicitor may cross examine the witness. Lex Fori Lawyers have great cross-examination skills being developed over many years.
After we has finished cross-examining the witness, the Police Prosecutor will be able to clarify any answers in re-examination. After all witnesses have given evidence the Police Prosecutor will close the Police case.
Prima Facie Case
Before you are required to answer the Police case, the Magistrate has to decide whether taking the Police case at its highest you could be lawfully convicted of the offence. Lex Fori Lawyers are able to make submissions to the Magistrate as to why you could not be lawfully convicted.
Submissions – Why you are not guilty
There is a principle of law that an accused person can make submissions as to why they should not be convicted of an offence. These submissions can be made without giving evidence. However, once you make these submissions you may not be allowed to call evidence on your behalf. If the Police case is weak, we may choose not to call you to give evidence. This decision is difficult to make and should be considered carefully.
At Lex Fori Lawyers we have won a substantial amount of Not Guilty Hearings. Please do not hesitate to contact us for your representation.