GOING TO COURT

So You Are Going To Court

𝗦𝗢, 𝗬𝗢𝗨’𝗥𝗘 𝗚𝗢𝗜𝗡𝗚 𝗧𝗢 𝗖𝗢𝗨𝗥𝗧?

The court process is often confusing and stressful to those who are unfamiliar with it.

The Local Court is where most people have the majority of their #traffic and #criminal matters dealt with and the following is a short summary of the process. The process can be complicated and demanding and if you wish to get the best result, it is always advisable to speak to a solicitor and if necessary seek representation.

𝗣𝗿𝗼𝗰𝗲𝗲𝗱𝗶𝗻𝗴𝘀 𝗰𝗼𝗺𝗺𝗲𝗻𝗰𝗲𝗱 𝗯𝘆 𝘄𝗮𝘆 𝗼𝗳 𝗮 𝗖𝗼𝘂𝗿𝘁 𝗔𝘁𝘁𝗲𝗻𝗱𝗮𝗻𝗰𝗲 𝗡𝗼𝘁𝗶𝗰𝗲:

When you receive a court attendance notice (whether elected by you after receiving a ticket or in more serious matters issued by police) it will list the date and time and the court at which you are required to attend.

The date on the court attendance notice is often termed ‘the first mention date’ and a number of things could occur:

1. You can ask for the court to adjourn the case for a period of time to enable you to get #legaladvice or for any other legitimate purpose.

2. You can enter a plea of #guilty and ask the court to deal with the matter if you are ready for that to be done. It may be that on entering a plea of guilty that you wish an adjournment to obtain references and other evidence to assist you in your plea, on a request for an adjournment the court has the discretion to agree and allow it. However, like all discretions, the court could require you to present your plea.

3. You can enter a plea of not guilty and ask for a #hearing date.

If you plan to enter a plea of #notguilty on the first mention date or subsequent mention date, the court will set the matter down for a hearing at some future date when the prosecution will be required to bring it’s witnesses to give evidence, as will you. I have observed many people arguing with Magistrates and Registrars of the Court demanding their matter be heard on a plea of not guilty on the first mention date. This will not happen.

In more serious matters, the court on the first or subsequent mention date will set a timetable for the police to prepare and serve on you what is commonly known as the brief of evidence which in essence is a written form of the police case and should contain all the witness statements and evidence that the police intend to rely upon at the hearing. The court will set a date for the service of the brief of evidence on you or your lawyer. Then they will set what is commonly called a ‘return date’, when you are expected to appear and confirm your plea if one has been entered, or enter a plea if one has not been entered. On some occasions, the brief is not served on time and the prosecution or the defence may ask for more time and a further return date. It is always advisable to have the full prosecution case on hand before setting a matter for hearing in order to best avoid being taken by surprise and to carefully prepare a defence. 

In less serious matters where a brief is not ordered, you may wish to ask for an early return date for a subpoena and to issue a subpoena on the Commissioner of Police for the relevant evidence prior to the hearing date so you can study it and prepare your defence.

This is a very basic generalisation of the court process and there are many and various permutations of this process that lawyers use to best advance their client’s case.

The article as written is for your information and interest only. It is not intended to be comprehensive and does not constitute and must not be relied on as legal advice. Please be aware that every case is different and the matters I am raising may not be of specific relevance to your situation, but may have a general application. You must seek specific advice tailored to your circumstances and I will gladly talk to anyone if confused or wanting clarification.



𝗖𝗵𝗿𝗶𝘀 𝗞𝗮𝗹𝗽𝗮𝗴𝗲

Kalpage and Co Solicitors

kalpageandcosolicitors.com.au

0418211074