Show If a defendant is charged with an offence, they usually appear first in the Magistrates Court, which deals with 95% of cases. (If they’re under the age of 17, they appear in the Childrens Court.) Below is the process for what generally happens in the Magistrates Court when you’re charged with an offence. The magistrate makes all decisions based on information provided to the court. OffencesOffences are classed as simple offences or crimes and misdemeanors (indictable offences):
The first mentionThis is your first day in court, which you must not miss. There are no witnesses.
Summary hearingIf you plead not guilty to a simple offence at your first mention, the magistrates sets a summary hearing. At this hearing, you can plead guilty or not guilty. Pleading guiltyIf you plead guilty, the magistrate listens to submissions from both parties and decides a penalty or sets a date for a sentence hearing. At this point, the magistrate also refers drug offenders to relevant court diversion programs and Indigenous defendants to the Murri Court for sentencing. Pleading not guiltyIf you plead not guilty:
Once the prosecutor is finished questioning the witness:
When all witnesses are questioned, both parties summarise their cases to the magistrate. The magistrate then finds the defendant either not guilty (and dismisses the charges) or guilty (and decides on a penalty or sets a sentence hearing). Committal hearingAt a committal hearing, the magistrate must decide if there is enough evidence on which a jury could convict to send you to trial in the District Court or Supreme Court.
If you are committed to trial, you may be held in prison until the hearing (if the magistrate feels you may be at risk of not appearing, or you may commit other offences, interfere with witnesses or be a danger to yourself.) You may be released on bail (which is a promise to come back to court for trial or sentencing). You may be ordered to participate in a prescribed program as a condition of your bail. Other conditions may be reporting to police regularly or a surety (money or property put up to guarantee your appearance in court). Last reviewed8 July 2019Last updated8 July 2019 Back to Top What happens in the magistrates court?District Judges (Magistrates' courts) hear criminal cases, youth cases, and some civil proceedings in Magistrates' courts. They can also be authorised to hear cases in the Family Court.
What happens at a magistrates court hearing UK?The prosecutor will say why you have been charged with the offence. Witnesses might be asked questions about what happened. You will also have a chance to give evidence and to have your say about what happened. The magistrates or District Judge will listen to both sides.
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