A witness will be asked to tell the court only what she or he saw or heard, not what someone else told the witness had occurred. This is hearsay evidence. For example, a witness can say 'I saw Jill push Jack down the ...

Evidence must be relevant to the issue being tried. For example, when a person is charged with theft from a house, it would be a relevant fact that the person's fingerprints were found on the windowsill of the house, but it would ...

In a trial, a court must decide what the facts are. A court makes its determination of what the facts are based on a consideration of the evidence that is presented to it. Evidence is all the information given directly to the ...

Criminal matters may be heard in the Magistrates, District or Supreme Courts. It is possible for a matter heard in the Magistrates Court to be decided without the defendant being present. Where someone is convicted in these circumstances, it is called an ...

A person who owes court fines is treated in a similar way to an ordinary debtor. The Fines Enforcement and Recovery Unit manages the collection of fines and court costs. The Chief Recovery Officer of that Unit has various enforcement powers in relation ...

The section of an Act that creates an offence usually sets out the maximum penalty for the offence, which may be either a period of imprisonment or a fine, or both. The maximum penalty is normally reserved for the worst type of ...

Where a guilty plea is entered without the need for any trial, the sentencing court must ascertain the facts of the case before it can pass sentence. If the defendant has pleaded guilty in the Magistrates Court, the police prosecutor outlines the ...

The primary purpose in sentencing a defendant is to protect the safety of the community [Sentencing Act 2017 (SA) s 3]. Additionally, the court can take into account a number of sentencing principles and factors when determining sentence. The relevant sentencing factors are ...

Where a defendant pleads not guilty during an answer charge hearing , the magistrate will consider the evidence for the purposes of determining whether the defendant should be put on trial for the offence(s) [Criminal Procedure Act 1921 (SA) s 113(2)(ii)]. The prosecutor must persuade the magistrate ...

Where a defendant pleads guilty during an answer charge hearing , sentencing may occur in the Magistrates Court provided a Form 9A has been submitted. This happens only if both the Director of Public Prosecutions and the defendant consent and without considering the strength or otherwise ...