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Going to court - second court appearance


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.

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