What happens at Court?

I have to go to Court, what can I expect?

If you have been issued a Notice to Appear or Summons, you may be wondering what to expect as your matter progresses.  The below information may be useful if you have to attend Court, and are unsure about what to expect. 

When and where do I need to go to Court?

You will be required to attend Court on the date set out on your Notice to Appear or Summons.  The documents will clearly set out the time and date you are required to attend.

Most offences are heard before the Magistrates Court, at the Registry closest to the offence location.  For example, an offence alleged to have occurred in Moranbah will be listed for mention before the Magistrates Court at Moranbah.  It is important to check your Notice to Appear or Summons to confirm the Court location and date.

What do I wear to Court?

While it is not necessary to spend a significant amount of money purchasing new clothes for Court, you should ensure you are dressed appropriately.  It is important to demonstrate respect in the Court room, and this includes dressing in a suitable manner. 

It is our general recommendation that you dress as though you are attending an interview for an office job.  The following clothing may be suitable:-

• Pants, or a knee-length skirt;
• A button up top; and
• Closed toe shoes.

Your attire should be respectful and conservative.  You should avoid wearing singlets, jeans, thongs, short skirts/shorts or midriff bearing tops.  You should also avoid wearing any item of clothing with offensive statements or pictures, or political statements. 

You may be asked to leave the Court room should the presiding Magistrate consider your attire offensive or inappropriate.

When do I arrive at Court?

Your Notice to Appear or Summons will set out the time and date of your Court appearance.  Most matters are mentioned at 9:00am.  However, it is important to refer to your specific documents to confirm the time you are expected to be at Court.

You must arrive on time and notify either the Court or your solicitor if you are running late.  If you do not attend when required, the matter may be heard in your absence.  This can have a detrimental impact on your matter or result in a warrant being issued for your arrest.

The Court building at Mackay opens at 8:30am most mornings.  We recommend that you arrive no later than 8:45am if your matter is being mentioned at 9:00am.  This will give you time to locate the Court (or your solicitor) prior to Court commencing.

Is there anything I can't bring to Court?

You will need to go through security when you arrive.  It is important that you do not bring restricted or dangerous items into the Court house.  This includes weapons, tools, scissors and alcohol. 

The security officers will check your belongings to ensure no restricted items are bought into the Court house.  It is a condition of entry that you consent to your belongings being screened and/or searched by security officers.

What happens in the Court room?

Each matter will be heard by the presiding Magistrate.  The order of appearance is decided by the presiding Magistrate, with people in custody usually given priority (due to the logistics of their appearance before the Court).  It may take some time before your matter is heard.  You will need to be patient.

The Court room is a formal place.  You should turn off your mobile phone and sit quietly while waiting for your matter to be heard.  You should not eat or drink, or chew gum.  You can leave the Court room, and wait outside should you need to eat, drink or use your mobile telephone.

When the presiding Magistrate is ready to hear your matter, you will be called forward to a table (known as the bar table).  A prosecutor will be present.  The presiding Magistrate will ask you or your solicitor what is happening with your matter that day.  Your matter will proceed to sentence, be adjourned for further mention or be listed for Trial. 

It is important you understand your options to progress your matter prior to the mention.  This allows you or your solicitor to provide the presiding Magistrate with the information required to progress your matter.   We recommend you seek legal advice prior to your Court date.

Do I need a lawyer?

We recommend that you seek legal advice before your Court appearance.  This will ensure that you understand the process, and the options available to you to progress your matter.  We recommend that you seek legal advice as soon as you are charged with any offence.