If you’ve been charged in Queensland, your case will usually start in the Magistrates Court. The first date you attend is called the first mention. It’s vital not to miss this date – if you fail to appear, the court may issue a warrant for your arrest. The first mention is simply your first day in court (and there are no witnesses). On that day: the registrar (court clerk) will call your name, and the Magistrate will read out the charges against you Then the magistrate will ask you if you want to plead guilty or not guilty
On your first mention you have three basic options:
- Ask for an adjournment: if you need more time (for example to get a lawyer or review documents).
- Plead guilty: if you admit the offence. The magistrate may then decide your sentence that day or set a later date for sentencing.
- Plead not guilty: if you contest the charge. For simple offences, the Magistrate will usually adjourn the matter to a different court as prosecutions (Police) must first provide you a brief of evidence. Likewise, for serious indictable offences.
Preparing for Court
Before the date, find your court’s address and a map. Plan to arrive early. You will likely have to sign in at the court counter. Dress neatly and professionally (no hats or sunglasses). Bring all paperwork you have: the notice to appear or summons, any bail papers, and your QP9 (police summary of evidence). You can often get a free copy of the QP9 from the police prosecutor on the first date or ask for a duty lawyer’s help. Take a pen, notepad, and any supporting documents or character references if relevant. You may bring a support person, but they cannot speak for you in court.
At court, if you have not seen a duty lawyer, wait for your name in the list. When called, stand and address the Magistrate as “Your Honour.” Speak clearly. When your plea is entered, follow what happens next. If you plead guilty, the prosecutor will present facts and the Magistrate may ask for submissions before sentencing you. If not guilty, the matter will need to be adjourned to a different court/day to allow prosecutions to gather further evidence against you before listing for trial.
Rights and Help
You have the right to legal representation. If you cannot afford a lawyer, ask to speak to the duty solicitor (free lawyer at court) before or after your appearance. You may also request an interpreter if needed. Always be truthful and polite in court. Don’t speak unless asked.
The legal system can be daunting, but you don’t have to face it alone.
Our team are experts in criminal law. Our role is to sit down with you and work out the strategy that will get you the best possible result. If you have any questions about this article or any other topic of law, please call our team of experts on 1300 066 669.
