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.

Order of defence evidence

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 (see below).

Co-defendants

In cases involving multiple defendants, the defence case for each of them is taken separately, so in a case involving two defendants who decide to give evidence, the first will give evidence, then call any witnesses, present any further evidence, then close his/her case. This will then be followed by the second defendant who will go through the same process.

When all defence cases are completed (closed) the prosecution will make a closing speech when permitted to do so, followed by each of the defence advocates.

See below for cross-examination of one defendant by another defendant.