Being charged with a criminal offence can be stressful, particularly if you have never attended court before. Understanding the process can help you prepare and avoid decisions that may affect your case.
Most criminal proceedings in New South Wales begin in the Local Court. What happens after the first court date depends on the charge, whether bail applies, the available evidence and how the accused person intends to respond.
Check Your Court Attendance Notice
If police charge you with an offence, you will ordinarily receive a Court Attendance Notice. It identifies:
- The alleged offence
- The court you must attend
- The date and time of your first appearance
- Other information concerning the proceedings
Read every document carefully and keep it in a secure place.
If you are on bail, review your bail acknowledgment and conditions. Failing to attend court while on bail may constitute an offence and may result in a warrant being issued.
Obtain Legal Advice Before Entering a Plea
A plea of guilty or not guilty is an important decision with significant consequences. Do not enter a plea merely because you feel pressured to finalise the matter quickly.
Before entering a plea, a lawyer should consider:
- The wording and legal elements of the charge
- The police facts
- The available evidence
- Whether the prosecution can prove each element beyond reasonable doubt
- Any available defence
- Whether the charge or police facts should be negotiated
- The consequences of a conviction
- Any effect on your licence, employment, professional registration, visa or travel
Depending on the circumstances, it may be appropriate to request an adjournment to obtain advice or receive the prosecution evidence before entering a plea.
What Happens on the First Court Date?
The first listing is often referred to as a mention. It is generally administrative and is not usually the hearing at which witnesses give evidence.
On the first court date, the matter may involve:
- An appearance by the accused person or their lawyer
- Confirmation of legal representation
- An application for an adjournment
- Consideration of bail
- Entry of a plea
- Orders for service of the prosecution brief
- Allocation of a later hearing or sentence date
- Case-management directions
The appropriate course depends on the charge and the stage of the proceedings.
What Happens if You Plead Not Guilty?
A plea of not guilty means that the prosecution must prove the charge beyond reasonable doubt.
For a summary matter in the Local Court, the Court may make orders for the prosecution to serve a brief of evidence. The matter may later be listed for reply, further mention and defended hearing.
At a defended hearing:
- The prosecution calls its witnesses and presents its evidence.
- The defence may cross-examine prosecution witnesses.
- Objections or legal arguments may be raised.
- The accused may give or call evidence, but is not automatically required to do so.
- The Magistrate determines whether the prosecution has proved the charge beyond reasonable doubt.
There is no jury in the Local Court.
A lawyer can review the brief, identify evidentiary or legal issues, negotiate with the prosecution and prepare the matter for hearing.
What Happens if You Plead Guilty?
A guilty plea means that the matter will proceed towards sentence rather than a defended hearing.
Before pleading guilty, it is important to confirm:
- The precise charge being admitted
- Whether the police facts are accurate and acceptable
- Whether negotiations should occur
- The likely sentencing range
- What evidence should be prepared for sentence
- The possible consequences of conviction
The matter may be sentenced on the same day or adjourned to allow preparation of evidence, completion of a program or preparation of an assessment report.
Material prepared for sentence may include:
- Character references
- An apology letter
- Evidence of employment and family responsibilities
- Medical or psychological material
- Evidence of rehabilitation or treatment
- Completion of an appropriate educational program
- Other evidence relevant to the offence and the offender’s circumstances
The usefulness of particular material depends on the case. Generic or poorly prepared documents may provide little assistance.
Bail
Bail determines whether an accused person remains in the community while the charge is pending.
Bail conditions may require a person to:
- Reside at a particular address
- Report to police
- Observe a curfew
- Avoid particular locations
- Have no contact with specified people
- Comply with financial or security requirements
- Surrender a passport
- Follow other conditions imposed by police or the Court
Bail conditions must be followed unless formally varied or revoked. An accused person should not assume that an informal agreement with another person changes a bail condition.
If police refuse bail, the accused person may be brought before the Court for a bail determination. A lawyer can prepare and present a bail application and advise about proposed conditions.
Serious Indictable Charges
Most indictable proceedings also begin in the Local Court.
Serious matters may proceed through the committal process before being transferred to the District Court or Supreme Court. The prosecution evidence is served and reviewed, charges may be negotiated and the matter may proceed for trial or sentence in a higher court.
The procedure for indictable matters differs substantially from an ordinary Local Court prosecution. Early advice is particularly important.
Preparing for Court
Before attending court:
- Confirm the date, time and location.
- Arrange legal representation in advance where possible.
- Bring the Court Attendance Notice and other relevant documents.
- Arrive early and allow time for security screening.
- Dress neatly and appropriately.
- Switch your telephone off or place it on silent.
- Do not discuss the case with prosecution witnesses.
- Comply strictly with bail, AVO and other court orders.
Court lists may contain many matters, and you may need to wait before your case is called.
If represented, locate your lawyer before entering the courtroom and follow their instructions about where to wait.
Courtroom Conduct
When inside the courtroom:
- Stand when the Magistrate or Judge enters or leaves.
- Address the Magistrate or Judge as “Your Honour”.
- Do not interrupt the judicial officer, witnesses or lawyers.
- Speak only when asked unless your lawyer advises otherwise.
- Do not photograph, record or broadcast proceedings.
- Remain calm and respectful.
- Follow directions given by court staff.
If you do not understand a question or direction, ask for it to be repeated or explained.
What Happens After the Court Decision?
The next step depends on the outcome. The Court may:
- Dismiss the charge
- Find the offence proved
- Convict and impose a penalty
- Deal with the matter without recording a conviction
- Make or vary bail or other orders
- Adjourn the matter for further proceedings
- Commit an indictable matter to a higher court
Appeal rights and time limits depend on the decision and the court involved. For many Local Court criminal appeals, the ordinary period is 28 days. Legal advice should be obtained promptly if an appeal is being considered.
Speak to a Criminal Defence Lawyer
Early advice can help you understand the charge, preserve relevant evidence, comply with bail and court orders and make informed decisions about your plea and case strategy.
Aspire Legal advises and represents clients in criminal and traffic proceedings throughout New South Wales.
Call 02 8806 2299 or email info@aspirelegal.com.au to arrange a consultation.
This article contains general information only and is not legal advice. The procedure and available options depend on the particular charge, evidence and circumstances.