What's happening?
A defended hearing occurs when a person pleads not guilty and the matter proceeds to have the evidence tested before a magistrate, or in more serious matters, a judge or jury. This involves the prosecution calling evidence to try to prove the charge, and the defence having the opportunity to test that evidence and, where appropriate, present its own case.
Preparing for a defended hearing is often a significant undertaking, involving detailed review of the brief of evidence, identifying witnesses to be called, and preparing questions to test the prosecution's case. The strength of preparation can make a real difference to how the hearing unfolds.
What could it mean for me?
- A defended hearing requires thorough preparation of the evidence well in advance of the hearing date.
- Witnesses, including the accused if they choose to give evidence, may be required to attend and be questioned.
- The outcome depends on whether the court is satisfied the prosecution has proven the charge to the required standard.
- Hearings can take considerable time to be listed, particularly in busier courts.
- There may be interlocutory issues, such as the admissibility of certain evidence, to resolve before the hearing itself.
What are my options?
- Thoroughly reviewing the prosecution's evidence to identify weaknesses or inconsistencies.
- Identifying and preparing defence witnesses where relevant to your case.
- Preparing cross-examination of prosecution witnesses to test the reliability of their evidence.
- Raising any legal arguments about the admissibility of evidence ahead of the hearing.
- Deciding, with advice, whether to give evidence yourself at the hearing.
What happens next?
- Work through the brief of evidence in detail with your lawyer well before the hearing date.
- Identify any witnesses or evidence that may support your account of events.
- Discuss the practical process of a hearing so you know what to expect on the day.
- Prepare for the possibility of giving evidence, if that is the chosen approach.
- Attend the hearing on the listed date, ready to proceed.
How can MGE Lawyers help?
We prepare defended hearings meticulously, working through every part of the prosecution's evidence to identify inconsistencies, weaknesses or legal issues that may be relevant to the outcome.
We prepare you thoroughly for what to expect at the hearing, including cross-examination and the possibility of giving evidence, so that you feel as informed and prepared as possible on the day.