"I am a Witness" - Guide to the child witness process"

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The Decision

After all the evidence is given to the court, the court has to decide whether there is enough evidence for the prosecutor to prove “beyond reasonable doubt” that the person is guilty.

  • In a contested hearing, the Magistrate decides if the prosecutor has provided enough evidence to prove “beyond reasonable doubt”.
  • In the Children’s court, the Magistrate or Judge decides if the prosecutor has provided enough evidence to prove “beyond reasonable doubt”.
  • In the County and Supreme Courts, the jury who have listened to all the evidence decide if the prosecutor has provided enough evidence to prove “beyond reasonable doubt”.

Think of it like this. Deciding is a bit like putting together a giant jigsaw puzzle. Your evidence is one part of the puzzle and there may be lots of other pieces. Sometimes all the pieces fit and the decision is easy, other times not enough pieces fit to makeup the picture. If this happens, the decision is usually made that the case against the person has not been proven and the person is found not guilty.
Even when the Magistrate or jury thought you were a really good witness, they can’t find the person guilty- they’re not allowed to -if the prosecutor can’t prove it “beyond reasonable doubt