Pleading not guilty: the defended hearing in the Local Court.

What a defended hearing is.

A defended hearing is the Local Court's version of a trial. It happens when an accused pleads not guilty to a charge that is being dealt with summarily, meaning in the Local Court rather than the District or Supreme Court. The prosecution presents its evidence, the defence challenges it and may present its own, and the magistrate decides whether the charge is proved. There is no jury; the magistrate decides both the law and the facts.

This is general information, not advice on your matter. How a defended hearing runs depends on the charge and the evidence, and the decision to plead not guilty should be made with advice after reading the brief, as our note on the brief of evidence explains. A not-guilty plea puts the prosecution to proof, which is a real and valuable position, but it is one to take deliberately.

Who has to prove the case?

The prosecution has to prove the charge, and it has to prove it beyond reasonable doubt. The accused does not have to prove innocence, does not have to give evidence, and does not have to say anything. This is the presumption of innocence in practice: unless the prosecution proves every element of the offence to the required standard, the charge fails and the accused is acquitted.

Beyond reasonable doubt is a high standard. It does not mean beyond all doubt, but it means the magistrate must be sure of guilt, not merely persuaded that it is likely. If, at the end of the evidence, the magistrate has a reasonable doubt, the accused is entitled to be found not guilty. Keeping the focus on whether the prosecution has met that standard is the core of running a defended hearing.

How does a defended hearing run?

The prosecution goes first. It calls its witnesses, who give their evidence and are then cross-examined by the defence, and it tenders its exhibits. Cross-examination is where the defence tests the prosecution case, probing inconsistencies, challenging reliability, and putting the defence version to the witness. When the prosecution closes its case, the defence may make a submission that there is no case to answer if the evidence is insufficient.

The defence can then, but does not have to, call evidence, including the accused. Whether the accused gives evidence is a significant decision, because it exposes them to cross-examination, and it is made with advice. After the evidence, both sides make submissions, and the magistrate decides. The whole structure is built around the prosecution proving the case and the defence testing whether it has.

Should the accused give evidence?

There is no obligation on the accused to give evidence, and sometimes the best course is to say nothing and rely on the weaknesses in the prosecution case. Giving evidence exposes the accused to cross-examination, and a poor performance can turn a winnable case. On the other hand, where the defence depends on the accused's own account, they may need to give it for the magistrate to accept it.

This decision is one of the most important in the hearing and it is made with advice, weighing the strength of the prosecution case, the nature of the defence, and how the accused is likely to handle cross-examination. It is tied to the right to silence, discussed in our guide on the right to silence, which continues through to the hearing itself.

What happens after the verdict?

If the magistrate is not satisfied beyond reasonable doubt, the accused is found not guilty and the charge is dismissed. If the magistrate is satisfied, the accused is found guilty and the matter moves to sentence, either straight away or on another day, where the magistrate hears submissions on penalty and imposes a sentence from the range of options, discussed in our guide on sentencing options.

A guilty verdict in the Local Court is not the end of the road. There is a right of appeal to the District Court against conviction, against sentence, or both, which our guide on Local Court appeals explains. The appeal is a fresh look at the matter, and the time limit to lodge it is short, so a decision about appealing has to be made promptly.

How should you prepare for a defended hearing?

Preparation starts with the brief. Reading it closely identifies the witnesses to challenge, the inconsistencies to exploit, and the elements the prosecution may struggle to prove. From that comes the cross-examination, the legal arguments about admissibility, and the decision on whether the accused should give evidence. A well-prepared defended hearing is won in the preparation, not on the day.

The other half of preparation is knowing the law of the offence, because a charge has elements the prosecution must prove, and a defence often succeeds by showing that one element is not made out. Understanding exactly what the prosecution has to establish, and where its evidence falls short, is what turns a not-guilty plea into an acquittal. This is where careful legal work does its most important job.

Primary sources: summary hearings are governed by the Criminal Procedure Act 1986 (NSW), and the onus and standard of proof and the rules of evidence by the Evidence Act 1995 (NSW). Sentencing after a finding of guilt is governed by the Crimes (Sentencing Procedure) Act 1999 (NSW). NSW decisions are searchable on JADE.

Common questions

What is a defended hearing in the Local Court?

It is the trial of a summary matter. When an accused pleads not guilty to a charge dealt with in the Local Court, the matter is set down for a defended hearing where the prosecution calls its evidence, the defence tests it and may present its own, and the magistrate decides whether the charge is proved. There is no jury; the magistrate decides both law and facts.

Who has to prove the case at a defended hearing?

The prosecution, and to the standard of beyond reasonable doubt. The accused does not have to prove innocence, give evidence, or say anything. Unless the prosecution proves every element of the offence to that standard, the charge fails and the accused is acquitted. If the magistrate has a reasonable doubt, the accused is found not guilty.

Does the accused have to give evidence?

No. There is no obligation on the accused to give evidence, and sometimes the best course is to rely on the weaknesses in the prosecution case. Giving evidence exposes the accused to cross-examination. Where the defence depends on the accused's own account, they may need to give it. It is a significant decision made with advice.

What happens after a defended hearing?

If the magistrate is not satisfied beyond reasonable doubt, the accused is found not guilty and the charge is dismissed. If satisfied, the accused is found guilty and the matter moves to sentence. A guilty verdict can be appealed to the District Court against conviction, sentence, or both, and the time limit to appeal is short.

How do you prepare for a defended hearing?

Start with the brief of evidence, read closely to identify the witnesses to challenge, the inconsistencies, and the elements the prosecution may struggle to prove. From that come the cross-examination, the admissibility arguments, and the decision on whether the accused gives evidence. Knowing exactly what the prosecution must prove, and where its evidence falls short, is the key.

To speak to a criminal defence lawyer, call Aaron Kernaghan on 0421 717 019.

This article is written by Aaron Kernaghan, criminal defence lawyer at Good Legal Lawyers, as at 30 August 2026. It is general information and reflects the personal opinion of the author only. It is not legal advice, it is not a substitute for advice on your own matter, and it does not purport to be accurate or complete. The law changes and procedure varies from case to case. For advice on a specific matter, contact Aaron Kernaghan on 0421 717 019 or contact the firm.

More commentary by Aaron Kernaghan.

← Back to all guides