Have you wondered what exactly happens when your case goes to court? Scorpion Legal Protection takes you through the trial procedure in a criminal case, step by step.
The State presents their case
The prosecutor (the lawyer on the side of the State) will start by addressing the court, explaining the charge and what evidence he/she will use to support charging you with the crime. The state will call its witnesses and ask questions (called ‘examination in chief’).
Defence cross-examines witnesses
After each witness is questioned by the prosecutor, the defence attorney will get the opportunity to cross-examine the witness. This process will be followed with each and every witness. The aim is to get evidence from the witnesses that helps prove your case, or show that the witness is uncertain, not telling the truth, or confused.
Following this, the state prosecutor can re-examine the witnesses. This is to clear up or explain any answers that were given when the defence questioned the witnesses. The court is also allowed to ask questions but only to clarify things; the court may not cross-examine witnesses.
After all the witnesses have been cross-examined and re-examined, the prosecutor will close the state’s case. This means that the prosecutor believes they have proved the case against you beyond reasonable doubt and it’s now the accused’s turn to present their case.
Defence presents their case
If the defence is of the opinion that the state’s case is weak or they failed to prove their case beyond a reasonable doubt, the defence lawyer may ask the court to dismiss the charges. Otherwise, the court will ask the accused if he/she wants to produce any evidence to help prove their case. If yes, the accused can address the court to explain what evidence they will produce for their defence. Defence will call their own witnesses to prove your case. The first witness to be called will be you, the accused, to prevent you from changing your story based on what the witnesses say, but you can decide not to give evidence. The witnesses are cross-examined and re-examined, as described above.
Closing
After the defence has given all their evidence and witnesses, they can close the case for the defence.
The prosecutor sums up the state’s case, giving reasons why the accused should be found guilty. The defence sums up their reasons why the accused should not be found guilty. The magistrate then gives their judgment. If you are found guilty, you will be convicted. If you are found not guilty, you will be acquitted.
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If you have a query, follow Scorpion Legal Protection on Facebook and ask your question during our next Live Q&A (every first Thursday of the month).
* This is only basic advice and cannot be relied on solely. The information is correct at the time of being sent to publishing.