Defended Hearings In The Local Court
In the Local Court, the procedure is to generally enter a not guilty plea on the first occasion the matter is before the court. Most (and not all) offences require the Police (or prosecuting authority) to prepare and serve a brief of evidence , which are generally documents that attempt to establish the case against an accused person.
The matter is initially adjourned for the brief to be prepared and served on the defence. When the matter is again before the court it is then , generally listed for reply to the brief of evidence.
The matter is then again adjourned for a date so the matter can be argued at the defended hearing. On this date, the court receives evidence from both the Prosecution and the Defence.
At the Local Court, the judicial officer is a Stipendiary Magistrate.
If one is not happy with the result achieved in the Local Court an appeal as of right permits an appeal from the Local Court to the District Court of NSW.
On appeal, generally the appeal is decided on the transcript of the Local Court proceedings.
An appeal also lies from the Local Court to the District Court (regardless of whether one pleaded guilty or not guilty in the Local Court) .
If it is an appeal regarding the harshness of the sentence imposed in the Local Court, it is called a severity appeal. If it is an appeal challenging the finding of guilt of the magistrate in the local court, it is called an all grounds appeal.
