Preparing and presenting the case for the defence

All Contents > Magistrates’ Court Trial > Prosecution Case > Defence Case > Verdict

“The first person to give evidence in the defence case is usually the defendant. A defendant can call witnesses, whether or not (s)he gives evidence, as well as producing any other evidence in his/her defence. The defendant does not have to give evidence, although choosing not to do so is likely to have consequences”

On this page …

No case to answer
Order of defence evidence
Co-defendants
Defendant’s Evidence – Evidence in Chief, Cross-Examination and Re-Examination
Defence Case Statement (DCS)
Good and Bad Character
Should the defendant give evidence?
Choosing not to give evidence - the adverse inference
The adverse inference warning
Avoiding an adverse inference due to a physical or mental condition
Silence at interview and other adverse inferences
Adverse inferences and legal advice
Prepared Statements
Defence Witnesses
Agreed Defence Evidence – Reading Statements and Agreed Facts
Close of Defence Case
Prosecution Closing Speech
Defence Closing Speech
Links to further information

Before the defence case starts - no case to answer

After the close of the prosecution case and before the defence case starts, the defence may make a Submission of No Case to Answer (a submission to the magistrates/District Judge to dismiss the case where the prosecution evidence discloses no case to answer).

If successful, there will be no need to present a defence case, the trial will not proceed any further and the defendant will be found not guilty.

Where there are multiple charges and a submission of no case to answer is only successful on some of them, the trial will proceed on the remainder.

Read on for how to present a defence case in the magistrates’ court, the decision whether or not to give evidence, cross-examination by the prosecution, the implications of a ‘no comment’ interview and other adverse inferences, and the effecs of good and bad character.