News · Criminal law explainer
What is a defended hearing in the Local Court?
When a person pleads not guilty in the Local Court, the matter is set down for a defended hearing. It is the summary equivalent of a trial. This note explains what happens at a defended hearing in New South Wales, how the evidence is presented, and how the magistrate reaches a verdict.
By Aaron Kernaghan · Published 3 September 2026
A defended hearing is the Local Court trial of a matter where the accused has pleaded not guilty. The prosecution calls its witnesses, who are cross-examined by the defence; the defence may call evidence; and both sides make submissions. The magistrate, sitting without a jury, decides whether the prosecution has proved the charge beyond reasonable doubt, and gives a verdict of guilty or not guilty.
What is a defended hearing?
A defended hearing is the hearing of a matter where the accused has pleaded not guilty in the Local Court. It is decided by a magistrate sitting alone, without a jury. The prosecution must prove the charge beyond reasonable doubt, and the hearing is where that is tested.
It is the point at which the case is actually contested. Everything before it, the mentions and the brief, leads up to this hearing.
How does the prosecution present its case?
The prosecution goes first. It calls its witnesses, who give their evidence, and each is then cross-examined by the defence. The prosecution also tenders documents and other evidence, such as certificates, photographs, or recordings. The prosecution has to prove every element of the offence.
Cross-examination is where the defence tests the prosecution evidence, exposing gaps, inconsistencies, and weaknesses. It is a central part of a defended hearing and is skilled work.
Does the defence have to present evidence?
No. Because the burden is on the prosecution, the defence does not have to call any evidence or give evidence. At the end of the prosecution case, the defence can submit that there is no case to answer, or can simply argue that the prosecution has not proved the charge.
The defence may choose to call evidence, including the accused, where it helps. But the accused has the right to silence and cannot be required to give evidence, and no adverse conclusion is drawn from choosing not to.
How does the magistrate decide?
After the evidence and the submissions, the magistrate decides whether the prosecution has proved the charge beyond reasonable doubt. If it has, the magistrate finds the person guilty and the matter proceeds to sentence. If it has not, the magistrate finds the person not guilty and the charge is dismissed.
The magistrate gives reasons for the decision. If there is a reasonable doubt, the person is acquitted.
How should you prepare?
A defended hearing is won or lost on preparation: a close reading of the brief of evidence, identifying the issues, planning the cross-examination, and dealing with any legal points such as the admissibility of evidence. This is demanding work, which is why representation matters most at a defended hearing.
If you are pleading not guilty, get advice well before the hearing. Our note on how to plead explains the decision that leads to a defended hearing.
Frequently asked.
What is a defended hearing?
The Local Court hearing of a matter where the accused has pleaded not guilty. A magistrate, sitting without a jury, decides whether the prosecution has proved the charge beyond reasonable doubt.
What happens at a defended hearing?
The prosecution calls its witnesses, who are cross-examined by the defence, and tenders its evidence. The defence may call evidence. Both sides make submissions, and the magistrate gives a verdict of guilty or not guilty.
Do I have to give evidence at a defended hearing?
No. The burden is on the prosecution, so the defence does not have to call evidence or give evidence. The accused has the right to silence, and no adverse conclusion is drawn from not giving evidence.
Who decides a defended hearing in the Local Court?
A magistrate, sitting alone without a jury. The magistrate decides whether the prosecution has proved the charge beyond reasonable doubt and gives reasons.
How do I prepare for a defended hearing?
Through a close reading of the brief, identifying the issues, planning cross-examination, and dealing with legal points such as admissibility. It is demanding work, which is why representation matters most at a defended hearing.
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 3 September 2026. It is commentary 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. Any matter referred to may be before the court and any person charged is presumed innocent. For advice on a specific matter, contact Aaron Kernaghan on 0421 717 019 or contact the firm.
More criminal-law commentary by Aaron Kernaghan.