Attending court for criminal charges can feel stressful and unfamiliar. However, understanding what to expect when going to court for criminal charges can help you feel more prepared and reduce uncertainty.
The criminal court process can vary depending on the type of offence, the court involved and the circumstances of your case. If you have received a Court Attendance Notice (CAN) or other court paperwork, it will outline the charges you face and the date, time and location of your court appearance.
It is important to seek legal advice before attending court. A criminal lawyer can explain your charges, advise you about your options and represent you throughout the court process.
Types of Courts That Hear Criminal Matters in Australia
If you are facing criminal charges, the court you attend will depend on the seriousness of the offence. Each Australian state and territory has different court structures, but criminal matters are generally dealt with across three main levels of courts.
In New South Wales, criminal matters are primarily heard in the Local Court of NSW, the District Court of NSW and the Supreme Court of NSW.
| Court | Types of Criminal Matters Heard |
|---|---|
| Local Court / Magistrates Court | The lowest level of criminal court. It deals with most minor criminal matters, including many traffic offences, minor assaults and property offences. |
| District Court / County Court | Deals with more serious criminal offences, including many indictable offences such as serious assaults, drug offences and aggravated offences. |
| Supreme Court | The highest state-based court and generally hears the most serious criminal matters, including murder trials and other major offences. |
What Happens When You Go to Court for Criminal Charges?
Your lawyer will explain what to expect during your court appearance. However, understanding the general process can help you feel more prepared.
Arriving at Court
When you arrive at court, you will usually need to:
- Go through security screening.
- Check in with the court registry.
- Locate the courtroom listed on your court documents.
- Wait for your matter to be called.
Court can become busy, so it is important to arrive early. Allow enough time to find parking, complete security checks and locate the correct courtroom.
Entering a Plea
The first stage of many criminal proceedings involves entering a plea.
| Plea | What Happens Next |
|---|---|
| Guilty plea | The matter will usually proceed to sentencing. The Magistrate or Judge will consider the offence, your personal circumstances and other relevant factors before deciding the appropriate penalty. |
| Not guilty plea | The matter will proceed towards a hearing or trial, where the prosecution must present evidence proving the charge beyond reasonable doubt. |
If you have a lawyer, they will speak on your behalf and guide you through each stage of the proceedings. If you represent yourself, you will need to communicate directly with the Magistrate or Judge and make your own submissions.
The Prosecution and Defence Case
During a criminal hearing or trial, the prosecution will present evidence to support the charges against you.
You or your lawyer will have the opportunity to challenge the prosecution’s evidence and present evidence in your defence. If witnesses are involved, they may be required to give evidence in court by taking an oath or affirmation to tell the truth.
The prosecution must prove the offence beyond reasonable doubt before you can be found guilty.
You can find further information about criminal proceedings and court processes through the NSW Judicial Commission and the NSW Government legal and justice information portal.
What Happens After a Guilty Finding or Plea?
If you plead guilty or the court finds you guilty after a hearing or trial, the matter will proceed to sentencing.
When deciding a sentence, the Magistrate or Judge may consider:
- The seriousness of the offence.
- The circumstances surrounding the offence.
- Your personal circumstances.
- Your previous criminal history, if applicable.
- Any steps you have taken to address your behaviour.
If you disagree with the outcome of your case, you may have the option to appeal. However, strict time limits apply to criminal appeals, so it is important to obtain legal advice as soon as possible.
Understanding Courtroom Etiquette
Many people feel intimidated by the formality of the criminal justice system. Courtrooms have specific rules and expectations, and your behaviour can influence how smoothly your matter proceeds.
Although courtroom conduct does not determine whether the prosecution has proven the offence, respectful behaviour helps your lawyer present your case effectively.
Some important courtroom etiquette tips include:
- Wear clean and appropriate clothing. Avoid clothing that is revealing, torn, dirty or offensive.
- Switch off your mobile phone before entering the courtroom.
- Stand when the Judge or Magistrate enters the courtroom.
- Address the Judge or Magistrate as “Your Honour”.
- Do not interrupt the Judge, Magistrate, lawyers or witnesses.
- Speak clearly and honestly when answering questions.
- Avoid using offensive language or insulting comments.
Do You Need a Lawyer for Criminal Court?
If you are facing criminal charges, obtaining legal advice as early as possible can help protect your rights and improve your understanding of the process.
A criminal lawyer can help you:
- Understand the charges against you.
- Explain the possible penalties and outcomes.
- Review the evidence against you.
- Prepare your case and represent you in court.
- Advise whether you should plead guilty or not guilty.
Every criminal matter is different. The best approach will depend on the specific facts of your case, the charges you face and your personal circumstances.
Speak With a Criminal Lawyer About Your Court Matter
If you or someone you know is facing criminal charges and needs advice about attending court, our experienced criminal lawyers can help you understand your legal options.
Contact Cunningham & Adam Solicitors today on (02) 4987 3344 or email [email protected] to discuss your matter.