Local Court Hearings – What Happens Prior to the Hearing?

For most offences that can be dealt with in the Local Court, a brief of evidence is ordered to be provided to the client or their solicitor upon a plea of not guilty being ordered. Some offences require a brief of evidence to served whether or not a plea of not guilty is entered. There are some offences, such as drink driving matters and offensive language/manner that are given a hearing date once a plea of not guilty is entered.

The brief of evidence consists of the witness statements – normally the arresting police, any alleged victim, other witnesses, experts etc.

Once the brief is served, your criminal lawyer will advise which witnesses are required for cross examination at the defended hearing. Serious consideration needs to be given to gathering evidence to mount the defence case – such as by issuing subpoenas, taking photographs, visiting the scene of the alleged crime, interviewing potential witnesses, gathering character evidence material, requesting expert reports where necessary etc.

A defended criminal law hearing is an event. Our criminal lawyers do nothing else but criminal law and have the experience to advise you and represent you in Court. Your lawyer must know the rules of evidence, court etiquette, the law, the facts and the potential evidence as well as the key ponts for cross examination and submissions.

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