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Step by step guide - Preparing for the hearing

You should gather all the evidence you want to use to defend your case as soon as possible.

You can use all sorts of evidence at the hearing, including:

  • Photographs
  • Diagrams
  • In Car Video (ICV), and
  • closed circuit television (CCTV) footage.

You should give yourself plenty of time to get photos or look at videos.

For more information, see Evidence.

A subpoena is a court order that requires a person (or organisation) to:

  • bring documents to court
  • attend court to give evidence, or
  • both.

You may want to issue a subpoena if you need documents or other evidence for your case, or you want to make sure that a witness attends to court.

Step-by-step guide: Subpoenas

If you need to postpone the hearing to another date, you can ask for an adjournment. If you need an adjournment, you will have to ask the Court to vacate (cancel) the hearing date and set another date for the hearing.

To do this, you need to complete:

  • an Application to Vacate a Hearing Date.

You can get a blank copy of this form from:

  • your nearest Local Court registry, or
  • the Forms page on the Local Court of NSW website.

You must file your completed form in person at the court registry no less than 21 days before the hearing, or as soon as possible in urgent circumstances.

You must also notify the prosecutor that you are requesting an adjournment.

The Court will deal with your application in chambers.

It is often very difficult to get an adjournment on the hearing day. The Court won’t adjourn the hearing unless you can show there are cogent and compelling reasons for it to do so. For example, if either you or the prosecutor, or an important witness, has a good reason for not being able to make it to the hearing.

If you are asking for an adjournment because of an illness, you will have to provide a medical certificate within a period of time specified by the Court.

If the Court does adjournment your case, it will often make a costs order against you. For more information, see Costs in fine cases.

If you need an interpreter at the hearing, you should notify the Court at least two weeks before the hearing. The Local Court provides free interpreters in criminal cases. For more information, see Translators and interpreters on the Local Court of NSW website.

You should take the following things with you to the hearing:

  • your fine and/or CAN
  • any photos, ICV or CCTV footage you have
  • copies of police incident reports
  • any other evidence or documents that support your version of events
  • your notes for what you want to tell the Court
  • a notebook and pen to make notes
  • highlighters and post-it notes to mark important information.

Make sure all your documents and evidence are organised and clearly marked so they are easy to find.

You may also want to take some character references with you in case the Court finds you guilty. For more information, see Character references.

You should take the original and three copies of any documents you intend to show the Court. The Court will keep the original. You will need to give one copy to the prosecutor, keep one for your records and have a spare.

At the hearing, the prosecutor will try to prove beyond reasonable doubt that you committed the offence. They will not usually have to prove that you intended to commit the offence, only that you did it. This is referred to as 'strict liability'.

For some offences, the use of photographic or other documentary evidence will be enough to prove that you committed the offence. For example:

  • a speed camera photograph
  • a photograph taken showing a parking offence
  • a certificate issued by police showing a blood alcohol reading greater than the legal limit.

To successfully defend these sorts of cases, you would have to show that there is other evidence that raises some doubt about the prosecution's case.

Before you go to court, you should plan:

  • an 'opening address', which is a brief explanation of your case, how many witnesses you will be calling and the documentary evidence you have to support your case
  • the questions you want to ask the prosecution's witnesses
  • the questions you want to ask your witnesses
  • your submissions to the Court.

Checklist: Preparing questions for cross-examination

When you are summing up or making your submissions, you should emphasise:

  • the evidence that supports your case
  • the weaknesses in the prosecution's case
  • why the Court should find you not guilty.

Checklist: Summing up

Having notes will stop you from forgetting anything important.

If you are nervous about speaking to the Magistrate, you can write what you would like to say in a letter and hand it up to the Magistrate. The Magistrate may ask you questions about the information you have included in the letter.

You could practice speaking to the Magistrate with one of your friends or relatives.

You could also go to a Local Court and watch some hearings. If you call the court, you can find out the dates and times that hearings are held. Courts are open to the public (except if a case involves a child) and you can sit in the public area at the back of any court and watch. ​