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Going to court – frequently asked questions

Note: this information is for adults who have been charged with a criminal offence.

What questions should I ask a lawyer?
Can I change the date of my hearing?
Do I have to go to court for the hearing?
Are there rules about how to behave in court?

What questions should I ask a lawyer?

If you’ve been charged with a criminal offence see a lawyer as soon as possible – don’t leave it until the last minute.

Some things you should ask are:

  • Should I plead guilty or not guilty?
  • What sort of penalty am I likely to get?
  • Will I go to jail?
  • Would having a lawyer in court make a difference to the penalty?
  • If I get a lawyer to represent me, how much will it cost? (Weigh up this cost against the maximum penalty and if you intend to plead guilty or not guilty.)
  • Could I get a grant of legal assistance?
  • Should I represent myself in court instead?
  • What do I need to take to court?
  • What will happen in court?
  • Are there court services or programs that may help me?

Can I change the date of my hearing?

You need to have a good reason to to put off (‘adjourn’) your case. If you need more time to get advice, prepare or decide whether to plead guilty or not guilty, you can contact the court and ask them to adjourn your case to a later date.

You will need to go to court if you are on bail – ask the court co-ordinator whether you have to go to court to change the date.

Do I have to go to court for the hearing?

If you have a lawyer to represent you, the court may hear the case even if you are not there. You must be there to be able to get penalties like ‘undertakings’ (where you promise the court you will do certain things) and ‘community-based orders’ (where the court orders you to do certain things, such as unpaid community work).

If you are charged with a summary offence (such as theft or a drug offence) and you do not go to court, the magistrate may hear the case and make a decision based only on what the police say. The magistrate will also decide on any penalties in your absence.

If the magistrate thinks the offence is too serious to decide in your absence (for example, if you have other convictions for similar offences or you may go to jail), the court may issue a warrant for your arrest.

You have to turn up at court if you are on bail. You must go to court every time your case is listed, if only to put off (‘adjourn’) your case to a later date. If you don’t, the court may issue a warrant for your arrest.  You also have to obey all bail conditions listed in your ‘undertaking of bail’.

If you can’t get to court because of illness or emergency, contact the court co-ordinator and explain what’s happened. Ask them to adjourn your case to another day.

Are there rules about how to behave in court?

In court you should:

  • make sure you look clean and neat
  • enter and leave the courtroom quietly so you don’t disrupt proceedings
  • turn off mobile phones before entering the courtroom
  • address the magistrate as 'Your Honour', 'Sir' or 'Madam'
  • stand when the magistrate speaks to you.

The following are not permitted in the courtroom:

  • talking
  • smoking
  • eating or chewing gum
  • video or other cameras, tape recorders, two-way radios or other electronic equipment.

It’s a good idea to visit the court before your court date so you know what to expect. Cases are usually open to the public. Watching what happens shows you what the magistrate can say and how the court works.