If you are 17 or older, you will be required to appear at the Magistrates Court if you have been charged with a criminal offence, and/or traffic offence.
A criminal proceeding against you can be made by Arrest and Charge, Complaint and Summons or a Notice to Appear. Upon arrest, you will be taken to a watch house where you will be searched and charged with an offence and you will remain there until you have been heard in the Magistrates Court House. If you have been issued with a summons, a written complaint has been made against you by an officer and you will be required to attend court and answer the charge made against you. A Notice to Appear is an alternative to an arrest, which is issued by a police officer. A Notice to Appear can be issued on the spot, after arrest or once you have been taken into custody, making it an alternative to being charged and then bailed.
If you have been issued with a Complaint and Summons or Notice to Appear by a police officer, you will be required to appear in court on the date listed. The charge against you will either be a summary offence or indictable offence. Summary charges are simple offences including (but not limited to), traffic offences and disorderly behaviour. Indictable offences are more serious offences such as rape and murder. Regardless of the charge, the Magistrate Court House is the first point for all criminal offences. Depending on your charge, you matter may remain in the Magistrates Court House, or the Magistrate may decide to send your matter to a higher court.
If you have committed a traffic offence, you may receive an on the spot fine, or receive a fine in the mail (infringement notice). In either case, you must be made aware of the law which you have broken, the amount you are required to pay, how and where you must pay, and the due date of the fine. If you fail to pay on time, additional penalties are issued. If you disagree with the traffic offence you have been charged with, you may dispute the charge in court.
Before Day of Court
You must check the date and time listed on documents and arrive accordingly. If you do not appear on the date and time required, a warrant for your arrest may be issued or, in some instances, the Magistrate may decide the matter in your absence. It is best to seek legal advice before your date scheduled to appear in court.
Day of Court
The Magistrates Court House opens at 8:30am. Ensure you reserve at least two to three hours on the day you are required to attend court. Parking is difficult to find, so it is best to arrive early to find a spot. Upon entry of the Magistrates Court House, you will be required to go through security. Security will not allow any dangerous and sharp objects nor glass bottles to go through. If you are unsure which Court Room you are required to attend, you can look for your name on the Electronic Board or ask a Court Support Volunteer. On the day of your court appearance, you must register your arrival by letting the prosecutor know of your arrival, which will allow them to prepare your file. If you wish to seek legal advice, you may ask to speak to a duty solicitor from Legal Aid. You may ask for a copy of your QP9 (copy of charges you have been charged with). When you are called into court, the Magistrate will read out the charges you have been charged with and you are required to plead guilty, not guilty or ask for an adjournment.
If you have been found to be guilty, the Magistrate will decide your penalty. If you seek an adjournment, you may be provided with a new court date, which will allow you to seek further legal advice if necessary. If your matter must be dealt with in a higher court, you or your lawyer must advise the court how you want your matter to be sent to a higher court.
If you have been charged with a traffic or criminal offence, it is important to get legal advice. Our lawyers can help you understand the charges laid against you.