If you choose to represent yourself and you are pleading guilty, the following information explains:
- why you might choose to represent yourself
- what to do before you get to court
- what to expect and need to do when you get to court
- what might happen at court.
Before you go to court for a criminal charge, you should get legal advice.
Why you might represent yourself
You may choose to represent yourself because your charges are minor or because:
- a duty lawyer is not able to represent you
- you do not have a private lawyer.
If you cannot get a lawyer to help you in court, you can still get legal advice and information about:
- your charges and if you have a defence
- how to prepare for court
- what to bring to court
- what to say to the magistrate.
If you decide to plead guilty, you will need to be prepared before you go to court.
What to do before court
Find out about the police case
Before you go to court, find out what the police and other witnesses say you did.
This information is found in the brief of evidence. This is prepared by the person who charged you (the informant).
Their name and contact details will be on the charge sheet which is provided to you along with the summons or bail notice.
Brief of evidence
A preliminary brief includes only the basic information. A full brief includes more about the police case, including witness statements and other evidence collected.
You might get a copy of a preliminary brief with the charges if you get a:
- charge and summons
- bail notice.
A preliminary brief must be provided within 21 days of your charges being files with the court. If you have a copy of the preliminary brief and disagree with the police case, you will need to attend a summary case conference. After this you can request a full brief if you would like it.
If there is a delay and you have not a preliminary brief after 21 days, you can request a full brief in writing without attending a summary case conference.
Request a full or preliminary brief
If you don't have a full brief, you can ask the informant by sending a request in writing, either via email or mail. Check the charge sheet your received for their name and contact details.
Keeping a written record of communication with the prosecution is a good idea. If you decide to contact them, email is good way to check you keep a 'paper trail'.
If you would like a full brief of evidence, or have not received a preliminary brief, you can send a letter of request to the informant. You should do this at least 14 days before your court date.
Download a copy of a suggested letter templates:
- preliminary brief of evidence
- full brief of evidence
When you should receive the full brief
Once you have requested a full brief, it must be provided within 14 days before a contest mention hearing or the contested summary hearing.
When you receive the brief, read it thoroughly to check that you agree with what the police and witnesses say happened.
If you have a lawyer, they can ask for the preliminary brief or full brief on your behalf to help prepare your case.
If you disagree with the police case
You may disagree with something in the full or preliminary brief.
If this is the case, you can speak to the prosecutor on the day of court about the summary and charges. This discussion is called a summary case conference.
Police may decide to not make any changes, such as withdrawing charges or changing the summary
Your options on the day of your hearing
If police have not agree to make in changes when you speak to them, you have to decide whether you want to:
Get legal advice before your hearing
You should get legal advice(opens in a new window) before deciding what to do. You can visit these pages to better understand your options.
If you have a future court date, you may be eligible to get help to prepare before you go to court(opens in a new window). You can ask for help online(opens in a new window).
If you have a future court date, you may be eligible to get help to prepare before court. You can ask for help online. There are also duty lawyers at most magistrates' courts, visit Help at court.
Prepare for your day in court when representing yourself
Visit Help at court for more advice on preparing before court, including seeing a duty lawyer on the day.
Organise your paperwork
Before you go to court it can help to organise:
- reports from doctors or counsellors you have seen
- certificates or awards for work, courses or other things you have done
- a receipt, if you had to pay for any damages you caused
- details of your financial situation, in case you get a fine.
You can give these to the magistrate hearing your case. It can take people time to prepare these for you, so give them as much time as you can.
Gather character references and witnesses
It's a good idea to get character references from your employer, family or people who know you well
A character reference is a letter from someone who knows about you going to court, and can write about your background and achievements, why you offended and your response to the charge.
If you want a character witness to speak about you in court, such as a support worker or your employer, make sure they can come on the hearing day and know where to go.
If might be helpful to share the information on the page with the person providing a character reference for you: Going to court – writing a character reference.
Interpreters
Let the court know if you or any of your witnesses need an interpreter. Do this at least one week before court.
What to do on the day of the hearing
On the day you go to court:
- dress well – by wearing something clean, neat and tidy, like you would wear to a job interview
- be on time – by being at court at least 30 minutes before the time on your summons or bail notice.
- be prepared to wait – as you may be at court all day
- arrange childcare – or ask someone to collect your children after school
- take what you need – by bringing your references, reports and other materials you have prepared.
Do not drive if your licence might be suspended or cancelled.
When you arrive at court:
- tell the court you are there: when you get there, report to the court coordinator at the counter and ask what courtroom you are in.
- wait to be called: sit in the court room or just outside. The clerk will call your name in court and over the loudspeaker when the magistrate is ready to hear your case
In the courtroom:
- show respect: this includes your behaviour as well as how you speak – take off your sunglasses and hat, and turn off your mobile phone. When you enter or leave the court room, nod to the magistrate. Visit Going to court – what to say and do in court for more information about court behaviour.
- don't talk with anyone else in the courtroom – unless you are asked to speak it is best to remain quiet.
- don't do any of the following:
- smoke, eat or chew gum
- listen to music, even with headphones
- read the newspaper
- use your mobile phone, or record anything on your phone or other device.
What to say in court
Tell the magistrate anything you want them to consider as part of your case, and when deciding a penalty – if you are found guilty.
There are a list of questions you can use to create your notes on your case, visit Going to court – what to say and do in court(opens in a new window) This page also has a printable copy.
If you have prepared documents, such as character references or other paperwork, present this to the prosecutor, and then give a copy to the magistrate.
You can also refer to our pages on pleading guilty and not guilty.
Find out more about court
You can:
- watch court sessions open to the public. To find out what court sessions are available to watch visit the Magistrates' Court of Victoria website.
- make an appointment or speak to the Court Network volunteers who are sometimes at court. They can give you information and support.
- watch videos about going to court on the Office of Public Prosecutions (OPP) Victoria website. You can also watch videos on court process for criminal cases.
Explore our publications and resources
- Going to court for a criminal charge
- Going to court – pleading guilty
- Going to court – pleading not guilty
- Drugs, the law and safer substance use
- Fines: the law, your options
- Police powers: your rights in Victoria
- How to respond to a family violence intervention order
- Am I old enough? Common legal issues for young people
Explore our related pages
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