Proving and presenting the case for the prosecution

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

“The prosecution case starts with the prosecution opening its case to the magistrates or District Judge. This opening speech informs the court of what the allegation against the defendant is, a summary of the evidence, the areas of dispute and any relevant matters of law.”

On this page …

Opening Speech by the Prosecution
Statement of issues by the Defence
How does the Prosecution prove its case?
Witnesses - Examination-in-chief, Cross-examination and Re-examination
Agreed Evidence - reading Witness Statements and Agreed Facts
What does the Prosecution case consist of?
When will the Prosecution serve its case?
Responding to the Prosecution Case
Case management in the magistrates’ court
Defendant’s Record of Interview
‘No Comment’ interviews
Close of Prosecution case
Reopening the Prosecution case
Prosecution closing speech

Opening Speech by the Prosecution

The prosecution case starts with the prosecution opening its case to the magistrates or District Judge.

This opening speech informs the court of what the allegation against the defendant is, a summary of the evidence which supports that allegation, the areas of dispute and any relevant matters of law.

Statement of issues by the Defence

Immediately after the prosecution opening speech the magistrates or District Judge may invite the defence representative (or defendant is he/she is unrepresented) to tell them what the issues in the case are, if this is not already clear.

The purpose of this is to help them understand the case and focus on those matters which are in dispute.

For example, in an assault case the defence might be one of mistaken identity or it might be self-defence, so these would be the main issues for the court to focus on. Or in a theft case the defence might be a denial of taking the item, or it might be that the defendant accepts taking it but asserts the item was given to him, not taken dishonestly.

It helps the magistrates or District Judge to understand the case by knowing exactly what these issues are from the outset. Sometimes there will be no need for such an initial statement from the defence if the prosecutor has made it clear what the issues are or it is apparent from the Defence Case Statement (DCS), if one has been served. A DCS is optional in the magistrates’ court but mandatory in the Crown Court.