The majority of criminal cases are finalised in the local court and are decided by a magistrate. If the accused pleads guilty, there is generally no hearing. The case will proceed to sentencing, which witnesses may attend. In some cases a victim of personal violence or a family victim in case of a death may decide to make a victim impact statement before the sentencing.
When an accused pleads not guilty, the case is set down for hearing. The prosecution starts the case by calling witnesses. The defence has been given a copy of the written statements or transcripts of the electronic statements of witnesses in the prosecution brief.

Although the evidence of a victim of crime is important, victims are not usually called as the first witness. This means that victims often have to wait around outside the court before getting their chance to tell what happened.

It is important that witnesses do not discuss or read the evidence of other witnesses involved in the case. Firstly, it may lead to confusion in your own evidence; secondly, the defence may suggest that you have made up the evidence together.

After the prosecution witness has given evidence (examination-in-chief), the defence lawyer is allowed to cross-examine the witness. This can be a challenging experience for witnesses. It is helpful to remember that the defence lawyer is just doing their job. Sometimes the lawyer may decide not to cross-examine.

When all the prosecution evidence has been given, the defence may ask the magistrate to find that the accused has no case to answer. If the magistrate agrees with this submission, the charge will be dismissed. If the magistrate disagrees with the submission, then it is the accused persons turn to present their case.

As mentioned above, the defence does not have to call any evidence, but in most cases the accused gives evidence. Any witnesses called by the defence can be cross-examined by the prosecution.