Going to Court

The Magistrates’ Court Process

Being charged with a criminal offence can be extremely stressful. We can help you with every step, from the moment you are interviewed and receive charges, to the conclusion of your case. You don’t have to navigate this alone and doing so puts you at risk of higher penalties and long-term consequences.

We have outlined some of the common steps in the legal process to help you know what to expect.

Dealing with Police

Once an offence occurs, the police will investigate and interview the person they think is responsible (the defendant). In dealing with the police, you have a right against self-incrimination. That means:

you do not have to answer any questions (in most cases); however, police can ask you to give your name and address if they believe you have committed an offence or could assist with the investigation of a serious offence;
you do not have to go to a police station, unless you have been arrested and have been told what you will be charged with;
you do not have to make any statements;
you do not have to participate in an identification line-up;
you can make a telephone call to try to contact a friend and a lawyer from the police station;
you can be required to have your fingerprints taken. Police may use reasonable force to take your fingerprints, if they believe you have committed a serious offence and you are aged 15 or over; if you are aged from 10 to 14, the police need a court order to take your fingerprints; and
you can refuse to undergo an intimate forensic procedure (giving a sample from any part of your body) unless a court orders you to do so.

For help on how to proceed with a police interview, contact us for immediate advice.

Receiving Charges

Police have 12 months from the date of the offence to file a summary charge with the Magistrates’ Court. There are no time limits in relation to indictable charges.

You, or your lawyer, are entitled to receive a copy of the Brief of Evidence, a summary of the evidence the police have against you within a reasonable time. This will help us determine the strategy for your case.

Bail

Bail is the release from custody of a person charged with an indictable offence, on that person’s signed undertaking that they will appear in court to answer the charge. This undertaking is a pledge the accused makes when they sign the bail bond, which entitles them to conditional freedom.

A person on bail who fails to comply with their bail conditions can be arrested. It is a criminal offence:

not to appear in Court when required to do so,
to breach a bail condition, and
to commit an offence while on bail.

The police can release you on bail, or they can remand you into custody for serious offending. We can help you make an application for bail before the Court to allow you to remain at conditional liberty until your case can be heard.

Mentions

The first time the matter is listed before the Court is called the First Mention. The police must provide you or your lawyer with a copy of the brief at this point if they haven’t already done so. The matter can proceed in a variety of different ways, depending on your instructions.

Contesting all or some of the Charges

The Prosecution must prove their case against you. It is your right to defend some or all of the charges against you. If so, the matter will be adjourned to another date. It will then be listed for one of the following:

Further mention, if your lawyer is still negotiating the charges on your behalf,
Summary Case Conference. This is an opportunity for the defence and prosecution to clarify the issues on each charge and work out what steps need to be taken to resolve the matter. This must occur before the matter can proceed to a contest mention or contest.

Contest mention. This hearing outlines to the Court the issues with the evidence and whether you’re entering a plea of not guilty to one or more charges. The details of the hearing will be worked out, lists of witnesses provided and time allocated for a hearing. A Contest Mention must be held prior to a contested hearing. As part of this hearing, a Magistrate can be asked to give a sentence indication to facilitate the matter resolving.
Contested Hearing allows the Court to hear the police case against you and your defense. The Magistrate then makes a decision about your guilt or innocence and either strikes out the charges against you or finds them proven. Your lawyer can then do plea in mitigation on your behalf.

Pleading guilty

If the charges resolve and are valid, you can enter a plea of guilty. This means your matter can be heard by the magistrate and a sentence imposed. There is a sentencing discount for entering a plea at the earliest opportunity.

Alternatively, it may be necessary to adjourn your matter to:

allow more time to work with your lawyer to prepare your case
book the matter in for a longer plea hearing, if it is complex.
allow time for you to be assessed for support programs
allow time for supporting material to be prepared, such as reports or references

Your lawyer has experience in these matters and can provide advice on the most effective way to proceed, the supports available to you and how best to navigate the system to your advantage.

Right to Appeal

If you are found guilty of an offence in the Magistrates’ Court then you are entitled to appeal that decision to the County Court within 28 days of the sentence being imposed. The County Court can rehear the case and:

Dismiss the charges
Find the charges proven and impose a lesser penalty, the same penalty or a higher penalty.

The decision to appeal to the County Court should only be taken after receiving legal advice. We can help you navigate the risks and potential upsides of taking this course of action.

No matter where you are in this process, we can help. Give us a call or click on the button below for immediate assistance.

Attending Court

Courts are very conservative, so it is good to be respectful in all your dealings with them. Simple steps you can take to communicate your respect are:

Be punctual. Make sure you turn up at the time your lawyer has requested. Magistrates don’t appreciate being made to wait.
Allow enough time for your hearing. You could be at court for a few hours or most of the day, so you should make appropriate arrangements with your work, childcare and parking.
Dress conservatively. This includes wearing shoes not thongs and wearing clothes that are not too revealing.
Stand whenever the Magistrate is addressing you directly. This is a mark of respect.
Stay calm and composed. We are there to help you resolve any difficulties that arise and if it can’t be sorted out on the day, we can help you navigate another solution.

Communication is key to allowing us to represent your interests effectively so let us know what you’re dealing with and we’ll always do our best to help you.

For more information what to do if you are charged, and representation throughout the Court process, please call Sarah on 0407 094 058 or click the button below for more options.

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