Driving & Traffic
17. What Happens at Court?
Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 20 Jul 2015
- Find the ‘court list’ which will usually be displayed somewhere obvious. Look at the list to find your name and see:
- which courtroom you are in;
- what number you case is; and
- what time it is listed.
- If you have a lawyer they will do this for you. If you do not have a lawyer or cannot find the list you can go the Criminal Registry counter and ask there.
- Go to the relevant courtroom and find the court official. Sometimes this person is called a ‘registrar’ or ‘clerk’. They will check off the names of people who have arrived.
- The clerk may ask you:
- if you are going to plead ‘guilty’ or ‘not guilty’;
- If you are ready for a contested hearing (trial); or
- if your case is ready for a sentence hearing.
- Follow their directions. Sit in the courtroom or just outside and wait until you hear your name or number called.
- If you are representing yourself you should follow the magistrate’s directions. They will ask you to:
- stand at the bar table where the lawyers stand; or
- stand in the witness box and speak to the magistrate under oath.
- The magistrate will ask you questions and guide you through the process.
- If you are pleading guilty and have some references you should tell the magistrate so they can read them.
- If you have a lawyer you will sit behind your lawyer. Your lawyer will stand at the bar table and speak to the magistrate on your behalf.
- The magistrate will ask you directly whether you plead ‘guilty’ or ‘not guilty’. You should stand and answer with a clear and loud voice so that you can be heard.
- If you plead ‘not guilty’ your case will be booked in for a contested hearing (trial).
- Trials are very unusual for less serious traffic matters. In these cases the magistrate may ask for more information about why you are pleading not guilty. This may be to see if there is an arguable defence before the court allocates time for a hearing.
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