First mention
The first mention is often administrative. The court checks appearances, bail, paperwork, legal representation and future directions. It is not usually the day where every fact is argued.
Disclosure
Disclosure is the material the prosecution relies on, such as statements, CCTV, body-worn camera, forensic material, photographs and interview recordings. Defence decisions should be made after understanding the evidence.
Plea decisions
A plea is serious. A guilty plea may reduce sentence if entered early, but it also means accepting legal responsibility. A not guilty plea means the prosecution must prove the charge. Get advice on the elements of the offence and available defences.
Hearings and trials
In a hearing or trial, evidence is tested. Witnesses may be cross-examined, legal issues may be argued and the court decides whether the prosecution has proved the case beyond reasonable doubt.
Sentencing
If a person pleads guilty or is found guilty, the court considers seriousness, harm, criminal history, plea timing, remorse, rehabilitation, personal circumstances and community protection.
Practical court day tips
- Arrive early and dress respectfully.
- Bring all paperwork and bail documents.
- Turn your phone off in the courtroom.
- Do not speak to witnesses if conditions prohibit contact.
- Ask questions outside the courtroom if you do not understand an order.