These are oral submissions telling the court why the Defendant should be found guilty or not guilty based on the evidence presented in the hearing. Can you explain why the offence happened? If the plea is Not Guilty or there is no indication, the prosecution and defence then make representations as per the adult process.
When private individuals do so, these are known…From 1 June 2020, the Stage One COVID-19 restrictions in New South Wales will be relaxed. Once all the Defence witnesses have given evidence, the Defence will close its case.The Prosecution and Defence then make closing submissions. The court will allocate the case for trial (Crim PR rule 9.13(6)(c)) taking into account:The Sentencing Council's Definitive Allocation Guideline provides guidance on considerations that should be taken when determining whether it is 'in the interests of justice' to send a youth to the Crown Court and these include:There is no provision for a youth to request an indication of sentence.Allocation hearings in magistrates' courts may be undertaken by associate prosecutors as they are defined as 'uncontested hearings'.Representations on allocation need to relate only to the circumstances of the offence (aggravating and mitigating), the impact the offenders' previous convictions may have on sentence, the sentence likely to be imposed having regard to the Guideline on allocation issued by the Sentencing Council for England and Wales and any other factor which makes the case more suitable for summary trial or trial on indictment e.g. It was introduced by Schedule 3 of the Criminal Justice Act 2003, which amended the Crime and Disorder Act 1998 (CDA 1998).Section 19 of the Magistrates' Courts Act 1980 sets out the procedure to be followed by a magistrates' court in deciding whether a case involving an offence triable either way, to which the defendant has not indicated a guilty plea, should be tried summarily or on indictment. Plead guilty only if you’re sure that you want to say, “Yes, I did it, and I intended to do it.” In these circumstances the prosecution must decide whether it is in the public interest to continue with the case.There is no power for a summary only offence not dealt with by the Crown Court to be remitted to the magistrates' court.
Expiable offences do not require your attendance in court, unless you intend to plead not guilty, in which case you must elect to be prosecuted by filling out the appropriate section on your expiation notice. This is an important step that affects the amount of preparation to be undertaken by the prosecution and the early listing of the case. When B appears on a subsequent occasion the court may do so.The court also has the power (s.51(6) CDA 1998) to send B for trial for any other offences that fulfil the requirements for related offences in section 51E (c) and (d) above, provided that, in the case of a summary only offence, it is punishable with imprisonment or involves obligatory or discretionary disqualification from driving as set out at s.51(11) CDA 1998.When the court sends an adult (A) for trial the court has the power (section 51(7) CDA 1998) to send a child or young person (Y) for trial, whether Y appears before the court on the same or a subsequent occasion.
In the notice of opposition (the prosecutor) must explain the grounds of opposition, ask for a hearing, (if the prosecutor wants one, and explain why it is needed), identify any witness whom the prosecutor wants to call to give evidence in person, with an indication of what evidence the witness can give, identify any material already served that the prosecutor thinks the court will need to determine the application, and [9.16(3) (v)] include any material not already served on which the prosecutor relies.This is mirrored in the notes of guidance to the PTPH Form. The Defendant may be sentenced to a custodial sentence, i.e. This is subject to one exception: The proper venue for the trial of any youth is normally the youth court. It should contain everything the prosecutor intends to adduce in order to prove the commission of the offence.The onus lies on the Prosecution to prove each element of each charge beyond a reasonable doubt. When a person pleads not guilty to summary criminal offences in New South Wales, this occurs in the Local Court.
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