Summary hearing
A summary hearing will open the same way as the mentions and the defendant can plead either guilty or not guilty.
Pleading guilty
If the defendant pleads guilty:
- the magistrate will listen to submissions from the prosecutor and the defence lawyer and may decide the penalty or will set a date for a sentence hearing
- the magistrate can also refer drug offenders to the Drug Court and Indigenous defendants to the Murri Court for sentencing.
Pleading not guilty
Prosecution case
If the defendant pleads not guilty:
- the prosecutor will outline the evidence
- each witness is lead to the witness box and asked to swear an oath or make an affirmation to tell the truth
- the prosecutor may question each witness to obtain their evidence, which is called the evidence in chief of the witness
- the magistrate may ask each witness a few questions.
Defence case
When the prosecutor is finished questioning their witnesses:
- the defence lawyer or the defendant may then question (cross-examine) the witness to confirm or contest their evidence
- the prosecutor may re-examine each witness to clarify anything
- the defence lawyer may then submit there is no case to answer
- if the magistrate finds that there is not enough evidence the case will be dismissed
- if the magistrate decides there is a case to answer the defence lawyer can then call defence witnesses and the whole process will be repeated.
Final submissions
When all witnesses are questioned, the prosecutor and the defence lawyer will address the magistrate to sum up their cases.
The decision
After hearing all the evidence, the magistrate may find the defendant:
- not guilty - the magistrate will dismiss the charges against the defendant
- guilty - the magistrate will decide on the penalty or set a sentence hearing.
After the decision, the magistrate will adjourn the court and the depositions clerk will call ‘all rise’ as the magistrate leaves the courtroom.