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If you plead not guilty
cartoon of someone pleading not guilty
On the day you tell the Magistrate that you are pleading not guilty, your case will be given a date for hearing. This next date is when any witnesses are called to give evidence. Witnesses do not give evidence on the day when you enter your plea of not guilty and they don’t have to be at court on that day.

On the day of the hearing
The police will present their case first. They call their evidence, for example from the police officer who arrested you and any eyewitnesses.
After each witness gives evidence, you or your lawyer have the right to cross-examine them. This is not an opportunity for you to give evidence but for you to test the police evidence using questions.
Your case (as the defendant) is put to the court after the police have presented their case. You and any of your witnesses can give evidence. Make sure your witnesses are at court on the day of the hearing to give evidence in person.
The police prosecutor also has the opportunity to test your evidence and any witnesses you call to give evidence, by asking questions in cross-examination.
The Magistrate, after hearing both the police and defence case will decide either that:
  • Your case is dismissed, which means you are free to go and you have been found not guilty, or
  • You have been found guilty. If this happens the magistrate will then consider the penalty.
If you plead guilty

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The information contained on this page is not legal advice. If you have a legal problem you should talk to a lawyer before making a decision about what to do. The information on this page is written for people resident in, or affected by, the laws of New South Wales, Australia only.

most recently updated 22 June 2000