On this notice it will have listed which Court you will need to attend, what date your matter is scheduled for and what time your matter is listed at. It is important that you attend on that time and at the correct Court.
If you are unable to attend for any reason, or are running late, you need to contact the Court Registry to let them know. If you do not let them know it is common for an Arrest Warrant to be issued for you to be arrested and brought to the Court at the next opportunity. If you are unwell or in hospital you will need to bring a medical certificate to Court on the next occasion to prove that you were unable to attend.
On the day that your matter is listed you will need to get your name marked off by a Court official. They will ask you if you are represented by a lawyer. You will then need to wait until your matter has been called by the Magistrate.
If you are represented by a lawyer they will do all of the talking for you. Unless the Magistrate asks you a direct question, it is best not to say anything and allow your lawyer to do all of the speaking on your behalf.
If you are unrepresented it is best to make sure you have all of your paperwork with you and that you have thought about what you would like to happen with your matter. You will need to decide if you wish to plead guilty and be sentenced, or if you wish to defend the matter and have it listed for a defended hearing (or trial). When addressing the Magistrate you will always refer to them as ‘Your Honour’. Remember, they are the one determining your matter so it is always best to be polite!
Please note the answers provided are for your general information only and we ask you to call our office on 02 6331 2911 to obtain detailed legal advice for your individual situation.
Alice Cheek | Criminal Law Solicitor