Justices Rules 2003
35Course of hearing
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35 Course of hearing
(1) If the defendant pleads not guilty or shows cause, the hearing is to proceed as follows:
(a) before adducing evidence, the complainant may, or must if the justices so require, open the complainant's case;
(b) if the complainant opens his or her case, the defendant, immediately after that opening and before evidence is adduced, may inform the justices of the issues expected to arise for determination by the justices;
(c) before adducing evidence, the defendant may, or must if the justices so require, open the defendant's case;
(d) after hearing any addresses made by the parties for the purpose of opening their case and after hearing the evidence, the justices are to –
(i) convict the defendant; or
(ii) dismiss the complaint; or
(iii) make any other order as may be authorised by law;
(e) at the close of evidence for the complainant, the defendant may submit that there is no case to answer and is not required to first elect whether he or she will call evidence;
(f) neither party is entitled to address the justices at the conclusion of the evidence without the leave of the justices.
(2) If the justices under subrule (1)(f) grant leave to a party to address them, the following apply:
(a) the other party must be granted leave to address the justices also;
(b) if the defendant has given evidence or adduced evidence, the defendant is to be given the opportunity to address the justices first;
(c) if the defendant has not given evidence or adduced evidence, the complainant is to be given the opportunity to address the justices first.
(3) If the defendant pleads guilty or, being present, does not show cause, the justices may convict the defendant or make any other order as may be authorised by law without hearing evidence.
(4) Before imposing a penalty in respect of a conviction or order made under this rule, the justices may receive any evidence or statements as they think fit in order to inform themselves as to the circumstances of the case, the penalty to be imposed or the order to be made.