The defendant cannot be forced to give evidence and can choose whether to do so or not. A defendant who decides to give evidence does so by going into the witness box, taking the oath (or affirming) and answering any questions asked first by the defendant's lawyer and then by the prosecutor in cross-examination. The defendant may also call witnesses who are able to give evidence relevant to the defence.

There are a number of different defences available to a defendant and common defences are discussed below. If appropriate, a defendant may rely on more than one defence as alternative defences, but must be careful not to prejudice a good defence by throwing in weaker or conflicting ones.

Reasonable Doubt

In addition to other defences the defendant may attempt to raise doubts in the prosecution case. The defence will attempt to show up any inconsistencies and shortcomings in the prosecution case. Where all the elements which make up the offence are not proved beyond reasonable doubt on the evidence presented, the defence is entitled to submit that the prosecution has not proved its case. If this is accepted the defendant will be found not guilty. As an example, the prosecution, by means of eye witnesses, identification parades, fingerprint evidence and handwriting evidence, may try to identify the defendant as the person who committed the offence. The defendant may attempt to point out weaknesses in the prosecution's evidence of identification.

Children

For details of the criminal responsibility of children, see children and crime.