Step 5 - Hearing

A hearing takes place in the Magistrates’ or Local court. There is no jury and the magistrate makes all the decisions and judgments.

During the hearing:

  • Witnesses give their evidence in the court and other forms of evidence may be produced, for example photographs and recordings.
  • The prosecution must prove its case beyond reasonable doubt.
  • The magistrate hears all the evidence and decides the verdict.

 If the verdict is guilty, the magistrate will either impose a sentence or set a later date to do it. If the verdict is not guilty, the matter is dismissed. 

Remember: If your case involves child sexual abuse, and the CDPP decides not to prosecute, or stops the prosecution against a defendant, you may be entitled to a right of review.