Office Locations

Sydney Office

Level 3
127 York Street
Sydney NSW 2000

Melbourne Office

Level 4
99 William Street
Melbourne VIC 3000

Brisbane Office

Level 5
231 North Quay
Brisbane QLD 4000

Canberra Office

Unit 4
17-21 University Avenue
Canberra ACT 2601

Armstrong Legal Logo

Privacy Policy  |  Terms & Conditions  |  

Copyright © 2014 Armstrong Legal. All rights reserved.

Phone 1300 154 509

menu

Toggle Menu Menu
Loading

Going to court - second court appearance

Print

Contact Armstrong Legal:
Sydney: (02) 9261 4555

If after considering the brief of evidence carefully you decide to plead not guilty, you will have to decide whether you want to cross examine any witnesses in the police case at a committal hearing.

In the past, an accused person had a right to a committal hearing and could cross examine each of the witnesses in the police case about almost any issue.

However, the law changed recently removing the right of an accused to a committal hearing. A Magistrate can only order the attendance of a victim of an offence involving violence, if special reasons are shown why the alleged victim should, in the interests of justice be called to give evidence.

For every other prosecution witness, the accused must show substantial reasons in the interests of justice why the witness should attend to give evidence.

If you decide that you want to cross examine some or all of the police witnesses the court will adjourn your matter to another date for legal argument. The court may order that your solicitor and the prosecutor make written submissions to support their arguments.

If you decide not to cross examine any of the prosecution witnesses, the matter will proceed by way of paper  committal.


«  Prev Next  »

Law 9000 Legal Best Practice Accredited Specialists Criminal Law CorpINTL Hitwise Top 10 Website Sydney Business Awards Winner 2011 ADLA