When you go to court, it can be stressful and confusing. This page lists some helpful tips on what to do, how to speak to the magistrate, and questions to consider when preparing your notes. A downloadable form can be used for your notes and behaviours to remember in case you forget.
This page is designed to provide you with advice on how to speak to the magistrate and what you might want to say. It also has tips on how best to represent yourself, and rules to follow.
Visiting the court
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.
There will be a sign on the door of the courtroom if the court is closed to the public
You can also watch a case online by visiting the Magistrates’ Court of Victoria website and viewing which court sessions are live to the public.
What to do, and not do, in court
Courts are very formal. When you go to court, it's important to be respectful.
We’ve provided a list of what you should and should not do in court and to help your day run smoothly.
In court you should:
- make sure you look clean and neat (take off your hat and sunglasses)
- enter and leave the courtroom quietly so you don’t disrupt proceedings
- turn off mobile phones, and take off headphones, before entering the courtroom
- address the magistrate as 'Your Honour', 'Sir' or 'Madam'
- stand when the magistrate speaks to you.
- stay silent unless asked to speak
- not smoke, eat or chew gum
- not bring any other electronic devices to court
- not use any video or audio recording devices – it is an offence to video record or take photos in court*
NB: *If you do so, you can be detained by court security and may be charged.
How to talk to the magistrate
It is important to be respectful and polite when you are talking to the magistrate.
You should:
- stand up when the magistrate speaks to you
- call the magistrate ‘Your Honour’
- not interrupt the magistrate when they talk – the magistrate will ask for more information if they need it
- speak clearly and loudly
- look at the magistrate when you speak. If you have notes you can read from your notes and look up and down.
What to say about the charges in court
When you enter the court, there will be the court staff (including the magistrate). The prosecutor will also be there, who may be a police officer. They are there to present evidence against you or the court.
The next steps usually take place:
- The prosecutor will be asked by the magistrate to present their evidence against you.
- You will then be asked about the charges, and to enter your plea (say whether you accept or don’t accept the evidence.
- You can either plead: either:
- guilty (say you did break the law)*
- not guilty (say you did not break the law, or disagree with what the prosecutor says you did).
Pleading guilty
To plead guilty, you need to accept what the prosecutor says you did.
It is important to understand what you are agreeing to, as there can be serious consequences.
Even if you want court to be over as quickly as possible, its a good idea to talk to a lawyer first.
Duty lawyers are available at many courts. Visit Help at court.
Find out more about pleading guilty by visiting Going to court – pleading guilty.
Pleading not guilty
If you plead not guilty, your case will be put off to another date.
You (or your lawyer) and the prosecutor will have a summary case conference and discuss the case.
If you do not agree to plead guilty to some or all of the charges after the conference, your case will be put off (adjourned). You will then need to return for a contest mention or a summary hearing.
A summary hearing is where the court listens to witnesses and other evidence and then makes a decision about the case (whether or not you are guilty of the charges).
Find out more about pleading not guilty by visiting Going to court – Pleading not guilty.
Prepare notes for your day in court
This section provides you with a list of questions you can prepare before your hearing. You do not have to include all of these.
You can either write your notes on another piece of paper, or download and print out the form.
Download the form:
It’s good to remember:
- When you take this to court, you can read from these notes in the courtroom. However, make sure you look at the magistrate too.
- Do not write notes on your phone as you should turn off your phone in the courtroom.
- If you have any character references, medical letters or reports, you can give these to the magistrate, but they must be shown to the prosecutor first. Visit the page Going to court – Writing a character reference for help with this.
You and your family
Consider these questions:
- What is your age? Who do you live with?
- Do you have children, how old are they?
- Do you have a partner?
- Do you have anyone who supports you?
Support people
Who is supporting you at court today?
Tell the magistrate who your support people are. They could be friends, family or other people.
This demonstrates there are people who can help you manage your situation. The magistrate may also ask these people questions if they are there with you.
About the offence
How and why did the offence happen?
Explain step-by-step what happened on day of the offence, and what happened when the offence occurred.
It’s important to not excuse your actions, just explain the situation and details of the offence calmly and as simply as you can.
What was happening in your life when the offence happened?
Think about what was happening at the time the offence happened. For example:
- do you have a disability?
- were you experiencing mental health issues
- was someone in your family unwell?
Accepting responsibility
Think about what you feel about the offence, for example, how you feel sorry, and about how your offence affected other people.
Talk about anything you have done to make up for the offence or to accept responsibility, for example:
- paying for damage you caused
- co-operating with police
- apologising to the victim.
What have you learned from the experience?
What did you learn from the experience, what would you do differently next time?
What are you doing to stop the behaviour happening again?
Consider how you might stop the behaviour in future.
For example, are you:
- sorting out any drug or alcohol problems?
- seeing a counsellor or social worker?
- selling your car if you were charged with a driving offence?
Your financial circumstances
Include information about:
- Your income each week or month (the amount you receive in your bank account). This includes your salary or wage, Centrelink payments, or other income.
- The main things you pay for each week – such as the cost of your weekly rent or mortgage.
- Any current loans and repayments – including the cost of these as weekly, fortnightly or monthly repayments
Health issues
Do you have any health issues? If you have a health issue you should prepare answers for these questions:
- Are you seeing a doctor, psychologist, psychiatrist or counsellor? If so, what is their name?
- How long have you been seeing them for treatment?
- What medication are they prescribing you, if any?
- What medical conditions are they treating you for?
- Are they treating you for any drug or alcohol issues?
Losing your licence
If the matter is about a traffic offence, and you may lose your licence, explain why you need to keep it.
For example, you need your licence to keep your job or to pick up children. Remember that for some driving matters the magistrate has no choice and must take away your licence.
Conviction
Explain why you do not want a conviction recorded for your offence.
For example a conviction will affect your chance of getting certain jobs in the future or going travelling (as you may need a visa).
It is important to tell the magistrate if you are studying or training for a particular job.
Understanding the court process
You can learn more about the court process by visiting:
- Going to court for a criminal charge – visit this page for court processes for a range of charges
- Going to court – rehearings
- Going to court – diversion
- Appealing a magistrates' court decision.
Explore our related pages
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