This is when the more exciting drama happens. Nothing like the “Few Good Men” theatrics, but it is conflict nonetheless.
Bearing in mind, the fictitious crime that you are charged with is of a lesser nature, and the matter will be finalized in the Local Court. This means the maximum penalty is $11,000 and the longest sentence for an individual offence is two years.
A Local Court hearing is heard by a Magistrate sitting alone. The police will present their case first, by calling mainly on the arresting officer and any eye witnesses. The police then conduct their examination in chief. This is basically encouraging your witness to say everything they should. You can’t lead the witness, or suggest answers.
Then the defence has their turn at cross examining the witness, and in stark contrast to the police, all questions are leading, and not many are pleasant.
If you have any questions you would like answered either confidentially or via this medium, please email us at office@mjolegal.com.au
This is intended for general information and does not constitute legal advice and should not be relied upon as such. Formal legal advice should be sought.