The Magistrates Court Rules require parties to be ready to proceed to trial by the date of the hearing at which a trial date is set.  Once a trial date has been fixed it will not be postponed unless there are very good reasons

At a trial, it is the prosecutor’s job to prove the charge beyond a reasonable doubt. The prosecution will present its evidence, which may comprise of any number of witnesses, affidavits, exhibits, etc. You are allowed to ask questions of any of the prosecution’s witnesses. This is called cross-examination.  When the case for the prosecution is finished, it is your turn to present any evidence and witnesses you have. The prosecution is also allowed to cross-examine any of your witnesses. 

When all the evidence has been presented, it is up to the magistrate to decide whether the charge has been proven beyond a reasonable doubt. Often, the magistrate will adjourn the case to consider all the evidence before making a judgment. When the magistrate has made a decision, it will be delivered in court. If the charge has been found proven, the magistrate may proceed to convict you and impose a penalty. As well as the usual cost penalties, you may also be ordered to pay the costs of the trial, namely witness fees. If the charge has not been found proven, the case will be dismissed and you may ask for the prosecution to be ordered to pay your costs.

Contact Us

For further information, contact CourtSA Registry Services:
 
p: +61 8 8204 2444 or Freecall 1800 571 191
enquiry@courts.sa.gov.au