If you have been summonsed to Court for the first time, you may be justifiably nervous and unsure about what to do when you go to court for the first time. Criminal lawyers go to court all the time and sometimes we forget that, for others, it is a completely new and different experience. Often, we forget to provide some preliminary guidance to our clients going to court for the first time. So here are the top 8 tips for going to court for the first time.
1. Make Sure you Know Where you are Going
It may sound obvious. However, you would be surprised how many people go to the wrong Magistrates’ Court! That’s because there are quite a few of them and sometimes quite close to each other. For example, people often confuse Sunshine Magistrates’ Court and Broadmeadows Magistrates’ Court. Sometimes, people just assume that they will be going to Melbourne Magistrates’ Court. So, check your paperwork and, if you can’t find it, check the court list, which is accessible at: https://dailylists.magistratesvic.com.au/. If it is a criminal matter (rather than an Intervention Order matter), it will be listed on efas and the listing can be located by putting your name into the search function. If it is an Intervention Order Matter, it will not be listed publicly. However, if you call the Magistrates’ Court, they will be able to tell you where it is listed. You just need to call (03) 9087 6111.
2. Be on Time
It is absolutely essential that you are on time to court. You should get to court no later than 9:30am. The reason for this is that most courts have inherent delays. There may be a wait entering the court through security, lining up at the registry or finding your lawyer. Make sure that you research how you are going to get there and make all the arrangements in advance in order to get there on time. Particularly, if you are unable to drive. If, for reasons outside of your control, you are running late (for example, through a traffic incident), you must call the Court and tell them that you are running late. It is also a good idea to email the Court, confirm who you spoke to and confirm in writing that you are running late, why and when you are expected to arrive. The consequences for running late include having orders made in your absence (particularly, intervention orders), having a warrant issued for your arrest or, in some cases, being sentenced in your absence. So, be on time!
3. Touch Base with your Lawyer
Lawyers can be very busy. Take it from us! Particularly in a busy practice, your lawyer may keep in touch with you, but the obligation is really for you to keep in contact with them. In advance of your court date, ensure that you touch base with your lawyer and see if there is anything they need, or anything you can do, before attending court.
4. Dress with Respect
Remember that you are going to Court. Not a shopping centre. Hoodies, tracksuits and exercise wear are simply not acceptable forms of attire when you are appearing in front of a court that is going to decide your matter. Turning up in casual clothes shows a flippancy and disrespect to the Court, which may ultimately influence how a court views you. Bluntly put, if you go to court dressed like a schmuck, you will be treated like one. That doesn’t mean that you need to come to court in black tie. We understand that many in the community cannot afford suits. However, at the very least, you should wear pants, slacks or jeans and shirt. You should be neat and clean. If you show the court that you take the proceedings seriously, they will seriously consider how to deal with you. You may be pleasantly surprised what a difference a good first impression can make!
5. Check in at the Registry
You have turned up to Court, you are waiting for your lawyer, but you forget the most important thing – check in at the registry! You may know that you are there, your lawyer may know you’re there but the Court needs to know that you are there! So immediately line up at the registry and tell them that you are there, so that they know that you have complied with your summons or undertaking of bail. Then, you can comfortably wait for your lawyer to meet you and your matter being called on in Court.
6. Take your Paperwork
This is particularly important if you wish to speak with the Police Prosecutors or a Duty Lawyer. You cannot seek to resolve the case or get legal advice if you have no paperwork in relation to your matter. If, for whatever reason, you have not been served with a Brief of Evidence, go to the Police Prosecutor’s office and request a copy of the Brief (which they should have). Arguably, if you are only obtaining the Brief on the day of Court, you should also consider seeking an adjournment at the registry to allow you to consider the evidence and seek legal advice. But regardless, take your paperwork to court with you.
7. Listen to the Magistrate
It is essential, particularly if you are a self-represented litigant to listen to what the Magistrate is saying to you and to ask questions if you don’t understand. So many times, we see self-represented litigants (or lawyers who are engaged at a later stage in proceedings) turning up to learn that, on the last occasion, certain orders were made or directions given. For example, on the last occasion, the Magistrate may have ordered the exchange of further and better particulars, or made orders to engage legal representation. If you haven’t listened properly, you may get a dressing down from the Magistrate on the next occasion. So listen, take notes, and know what is expected of you on the next occasion.
8. Diarise your Next Court Date
Most importantly of all = diarise your next Court date! There is no excuse, given the existence of diaries, iPhones, iPads, and calendars. So often, when warrants are issued for non-attendance at Court, it is because the person forgot to diarise the next Court date.
Going to Court for the First Time? Contact Galbally Parker Criminal Defence Lawyers
Stepping into a courtroom for the first time can be an overwhelming experience, but preparation and understanding of the process can significantly ease the nerves. Remember, the court is a place of justice, and while the formality and procedures may seem daunting, they are designed to ensure fairness and order. By knowing what to expect, dressing appropriately, and maintaining a respectful demeanor, you will be better equipped to navigate your first court appearance with confidence.
If you or a loved one is facing the prospect of a trial, don’t hesitate to get in touch with Galbally Parker lawyers. We are a team of defence lawyers based in Melbourne, with experience across a wide range of areas of the law including family violence, white collar crime, common assault and fraud. Contact us today.
