The Crown will ‘particularise’ its factual allegation; it will allege, for example, that on a certain date and location the Defendant was driving without due care and attention, for example, by emerging from a side road into the path of an oncoming vehicle, or, by striking a pedestrian on a zebra crossing.
The Crown would have to show that the material facts were as alleged and then persuade the court that driving in such a way did fall below the standard of driving expected of a competent and careful driver. The issue of how the Defendant drove is a matter of fact for the court. This will be determined by the magistrates. Usually, 3 lay magistrates sit together.
The magistrates are ‘lay’ in the sense that they are not qualified in the law. They are advised as to the law by the clerk of the court. Alternatively, a professional Magistrate called a District Judge, who is qualified in the law will sit alone. Whatever the composition of the tribunal the determination of the facts is for the Magistrates alone. The court will listen to the evidence of the Crown’s witnesses as they are questioned on behalf of both parties.