Defending Yourself in Court on a Not Guilty Plea The ideal solution when you have been charged with a criminal offence is to allow a lawyer to handle your case. However, if the matter is reasonably simple you may not want or cannot afford to pay a lawyer. Will I Plead Guilty or Not Guilty? You must decide, keeping in mind the advice given by the Legal Service, whether to plead guilty or not guilty. A plea of guilty is fairly straightforward. Also, you may engage the help of a Duty Solicitor. He or she provides free representation in court on a guilty plea only. A plea of not guilty is more complicated (especially if you are representing yourself). You are actually protesting that the charge should not have been laid in the first place. Winning the argument will depend on casting doubts on the Prosecution s (ie Police) case. How to Cast Doubts The best way is to have witnesses willing to give evidence in court. Their evidence must support your version of the events which led to the charges being laid. You must make sure that the witnesses have the story very clear in their head. They will be tested on their version of the story by the Prosecutor in crossexamination. Remember, the witnesses are under oath when giving evidence AND MUST NOT LIE. If the witnesses lie, their version of the story will be shown to be false
during cross-examination. If your witnesses are found to be lying, doubts will be cast upon your argument and you will most likely be found guilty. Also, the witnesses may be charged with perjury. It will be very difficult to win a not guilty plea if you do not have witnesses supporting your version of the story. You will be asking the magistrate to believe your word against that of the informant. If you plead not guilty, and are in fact found guilty by the magistrate, you will face a more severe penalty than if you pleaded guilty in the first place. You should not expect a Bond if you plead not guilty and lose the fight. You must weigh up the likelihood of winning your case against losing it and receiving a more severe penalty. Keep in mind that your penalty may be less severe if you plead guilty. How to Prepare for a Not Guilty Plea Notify the Court where your case is being heard, that you are going to plead not guilty. If you are not familiar with the goings-on of a court-room, you should sit in on some cases on days prior to your case. This will also help you recognise who s who in the court-room, and also you will become more knowledgeable with the format of a not guilty plea. The following are who s who in the court-room: The Magistrate The magistrate hearing your case has two main duties: to decide whether you are guilty or not guilty and to decide on an appropriate penalty. Magistrate s Assistant The major role of the magistrate s assistant is to see that the court runs smoothly. He or she organises the court list, administers the oath and hand up documents to the magistrate including any references or letter you have brought to court. Defendant You will be referred to as the defendant or the accused. That is, the person who has been charged by the police with breaking the law and been arrested or who has received a summons. Prosecutor The prosecutor is normally a member of the police force whose role is to present to the court the case against the defendant.
Informant Usually the informant is the police officer who charged you and will give evidence against you in court. Court-Room Etiquette A Few Do s and Don t s: Dress conservatively and look neat and tidy Do not chew gum, smoke or eat in the court-room While waiting for your case to be called do not wander too far from the court-room If you are in the court-room waiting for your case do not move around or talk Consider taking a friend to court with you for support Your Aim in Court Your ultimate aim in court is to be found not guilty of the charges. In order for the magistrate to find you not guilty you must PERSUADE him or her that your case is right. To be persuasive: Communicate effectively Speak clearly Prepare your arguments well before the hearing Present the arguments concisely Try to be confident Remember, the magistrate knows that you are not an expert. The Procedure in Court Stand before the magistrate enters Bow (ie nod your head) Remain standing until after court is opened Your case is called Address the magistrate as Your Honour. Always stand and face the magistrate when speaking to him or her, or when the magistrate is talking to you Announce your appearance by informing the magistrate that you are representing yourself The assistant or the police prosecutor will read out the charges against you
You will be asked if you plead guilty or not guilty. Tell the magistrate that you are pleading not guilty. When presenting an argument in court, you must comply with rules of procedure. These rules are designed to ensure that proceedings are organised and permit everybody to get a fair go. As you are not a lawyer, and the magistrate is aware of this, he or she will not expect you to be familiar with the rules of court-room procedure. As long as you show respect while your case is being heard, the magistrate will tell you if you infringe procedural rules. Remember, always argue to the magistrate, not with the magistrate. The Elements of the Case 1. The Prosecution present their case. a) Witnesses will be called (including the informant) b) Witnesses will be led through their evidence (known as examination-inchief) c) You may cross-examine the witnesses (see below) 2. You present your case. a) You should call witnesses (as discussed above) b) You lead your witnesses through their evidence (ie examination-in-chief, see below) c) Your witnesses will be cross-examined by the prosecutor d) You have a right to re-examine your witnesses (see below) How to Cross-Examine Prosecution Witnesses This is your opportunity to ask questions of prosecution witnesses (eg the informant). Why Cross-Examine? To obtain or develop evidence favourable to your case To discredit evidence already given which was unfavourable to your case To discredit a witness who has given evidence unfavourable to your case When to Cross-Examine You do not have to cross-examine the witness. Only cross-examine when:
The witness has given evidence unfavourable to your case The witness can give evidence favourable to your case A Few Do s and Don t s: Start with the best point in your attack Finish with your second best point or at least a good one Do not give the witness an opportunity to repeat and reinforce the evidence he or she has already given by repeating it and asking whether he or she agrees Do not challenge the witnesses honesty unnecessarily. Ask one question at a time Listen to the answers given Be courteous Do not attack head on unless you are confident of a favourable answer Ask closed questions, ie those questions which suggest an answer favourable to your case (eg the car was travelling at 60 km/hour wasn t it?). Do not ask open questions (eg. How did the accident happen? ) Be confident and speak up Do not argue or lose your temper If you obtain a favourable answer move on to your next point You must accept that you may have little or no notice of the identity of the opposing witnesses or the content of their evidence. As a consequence you will have little time to prepare your cross-examination. Attempt to cross-examine witnesses on matters which may be capable of affecting their credit (eg matters which may suggest a motive to tell untruths, exaggerate or be biased against your case). You may also look to matters which may affect the credibility of the witness evidence (eg the witness inability to observe or hear the events which took place, or inconsistencies between the witness conduct and the evidence the witness gives). Remember, unless the questions posed to the witness can be answered in favour of your case, do not cross-examine. Examination-in-Chief Aim: To get your witness story across persuasively. You should obtain, in easily understood terms, an account by the witness of the essential facts he or she can give in evidence in advancement of your case.
Therefore, the witness must give his evidence clearly and come across as a person who knows what he is talking about and is telling the truth. You must retain control but make it appear that the witness is telling his or her own story. The Basic Rules: Do not ask leading questions: that is a question which presupposes and answer (eg The driver was travelling at 60 kms/hour wasn t he? ) You should ask very short, simple questions (eg What happened then? Did anyone speak? What was said? What did you do then? What did he say? ) Let the story unfold in its natural time sequence Introduce new topics clearly (eg I want to ask you now about the events of the day the collision occurred. I want to turn now to your state of health and your activities before you were injured. I will ask you some questions now about your present state of health. ) Make sure that before you begin to examine the witness you have a logical order of progression of questions in your mind and on paper. Eg: (i) The witness personal particulars. (ii) The story of the events the witness is to testify about (iii) The introduction of relevant exhibits, such as photographs, maps and other aids should be presented to the magistrate after the witness has verbally described the events Show confidence and interest in what your witness has to say Ensure the witness faces the magistrate when answering your questions. You can remind the witness of this during examination-in-chief Remember: Be polite but firm Remain good tempered Remain in control Ask one question at a time Do not rush Cross-examination of Your Witness by the Prosecutor To prepare your own witnesses for cross-examination by the prosecutor, tell them: listen carefully to the question; give an honest answer; do not get smart; do not get angry.
Re-Examination by You of Your Witness Re-examination is your right to obtain evidence from your witness again. You do not have to re-examine your witness. You can only re-examine your witness on matters which arose out of cross-examination. Aims: To explain or clarify a matter raised in cross-examination To expand on a matter raised in cross-examination Remember, do not ask any leading questions. The Magistrate s Decision After you and the Prosecution have completed presenting your cases, the magistrate will decide whether you are guilty or not guilty. If you are found not guilty the hearing is over and you have succeeded in your aim. If you are found guilty though, the magistrate must decide on a PENALTY. The magistrate will ask you whether you have anything to say. It is now that you should give the magistrate reasons to be lenient towards you. If you have been charged with a traffic (ie driving) offence, tell the magistrate why you need your licence (eg work reasons, family reasons) If you have been charged with other criminal offences, you may ask the magistrate to place you on a GOOD BEHAVIOUR BOND. The significance of this is that a conviction is not recorded against you. Remember, do not expect a bond if you plead not guilty You may ask the magistrate to impose as small a FINE as possible. Give reasons to the magistrate why you cannot afford to pay a large fine (eg unemployed, family to support, other debts to pay) You may also ask the magistrate for time to pay a fine (eg 3 months) The information provided in this pamphlet is a general guide only. To be sure of your rights and responsibilities, you should get advice from a solicitor or a community legal service.