Going to Local Court for the first time: what to expect

Getting a court attendance notice is stressful, and the fear of the unknown makes it worse. Most people have never been to court and have no idea what actually happens. This guide explains what to expect at a NSW Local Court, so you can walk in knowing the shape of the day.

What the Local Court is

The Local Court is where most criminal and traffic matters in NSW start, and where the great majority finish. A Magistrate hears the matter, there is no jury, and the process is more straightforward than the higher courts. Manly Local Court and the other Local Courts across the Northern Beaches deal with everything from traffic offences to many criminal charges.

Before the day

Your court attendance notice tells you the date, the court, and the charge. Read it carefully and note the time. The most useful thing you can do before the day is get advice, because the single biggest influence on the outcome is usually the decisions made before you ever walk in, not what you say on the day.

A point we make to clients early. The first mention is not usually the day everything is decided, but it is the day the direction is set. Turning up prepared, with advice and a plan, puts you in a far better position than turning up to work it out on the spot.

On the day

Arrive early, allow time to find the right courtroom, and dress as you would for a serious occasion. Court lists can be long, so be prepared to wait. When your name is called, you go into the courtroom and stand when the Magistrate is addressed. If you have a lawyer, they speak for you.

Treat everyone with courtesy, turn your phone off, and address the Magistrate as "Your Honour". These small things matter more than people expect, because court is partly about showing you take the matter seriously.

Pleading guilty or not guilty

At an early stage you will need to indicate a plea. This is one of the most important decisions in the whole process, and it should be made with advice.

If you plead guilty, you accept the charge and the matter moves towards sentencing, where the Magistrate decides the penalty. If you plead not guilty, the matter is set down for a defended hearing on another day, where the prosecution must prove the charge and both sides can call evidence.

We cannot stress enough that this decision should not be made on the spot or out of a wish to get it over with. A plea entered without advice can close off options, including defences you did not know you had, or a path to a non-conviction outcome. Get advice before you enter a plea.

If you plead guilty: sentencing

On a guilty plea, the Magistrate sentences you. The range of outcomes runs from a non-conviction order at the lower end, through fines and various orders, up to imprisonment for serious matters. What happens in your case depends on the offence, your history, and how the matter is presented.

How a guilty plea is presented genuinely affects the outcome. Good character references, evidence of steps taken, and a clear explanation to the court can make the difference between a conviction and a non-conviction order. This is where having someone who knows the court pays off.

If you plead not guilty: the hearing

If you plead not guilty, the matter is adjourned to a hearing date. Between now and then, the prosecution should provide its evidence, called the brief, and your lawyer assesses the strength of the case. At the hearing, the prosecution calls its witnesses, your side can cross-examine and call evidence, and the Magistrate decides whether the charge is proven beyond reasonable doubt.

How we help

We appear in the Local Court regularly, and a large part of our job is taking the fear out of the process and getting the decisions right early. We advise on plea, prepare the material that influences a sentence, run defended hearings, and deal with the prosecution on your behalf. If you have a court date, the sooner you speak to us, the more we can do.

Frequently asked questions

Do I need a lawyer at the Local Court? You are not required to have one, but the decisions made early, especially the plea, shape the outcome, and good representation often changes the result.

What should I wear to court? Dress as you would for a serious, formal occasion. It signals to the court that you take the matter seriously.

Will everything be decided on the first day? Usually not. The first mention sets the direction. A guilty plea may be sentenced then or later, and a not guilty plea is set down for a hearing on another day.

What does a Magistrate do? In the Local Court a Magistrate hears the matter and decides it. There is no jury.

Keep reading

• Criminal law
• Section 10 dismissals and conditional release orders in NSW
• Pleading guilty vs not guilty: what it means

This article contains general information only and is not legal advice. For advice about your situation, please contact us. Liability limited by a scheme approved under Professional Standards Legislation.