Court Process

Magistrates Court / Children's Court

Summary Hearings

Once you instruct us we will obtain your charge sheets and will obtain a copy of the prosecution brief from the police. Once received, the brief will be analysed and we will advise on the course of action that should be pursued.

Your first appearance in the Magistrates’ Court is called a mention date. The purpose of the mention date is to determine whether you will be pleading guilty or not guilty. The matter can only proceed that day if you plead guilty to the charges.

If charges need to be negotiated then the matter will need to be adjourned to a contest mention. This is a negotiation stage. Many cases resolve at this point however that is not possible in all cases and the matter may need to be further adjourned to a contested hearing. It is at this stage that witnesses are called and cross examined.

If you are not happy with the outcome in the Magistrates Court an appeal can be lodged and the matter will then be heard in the County Court. You should note that in lodging an appeal there is always a risk that your penalty can be increased, although this does not happen often.

County or Supreme Court 

Indictable offences in the County Court or Supreme Court

Serious indictable offences commence in the Magistrates Court. The first appearance is a filing hearing. At that point dates will be set for the service of the hand up brief and the next date you are to attend court. The hand up brief contains all witness statements, forensic evidence and a transcription of your record of interview. The next stage is the committal mention. At that point the court will be advised on whether you are pleading guilty or not guilty.

If you are pleading guilty, you will then be committed for trial to the County or Supreme Courts. If you are pleading not guilty, your matter will be adjourned to a contested committal. At a contested committal, witnesses are called and cross examined. If a Magistrate determines that there is enough evidence that a jury could convict then the matter will proceed to the County or Supreme Court (depending on what the charges are).

If there is not sufficient evidence you may be discharged at the conclusion of the committal.

If you are committed for trial the following appearance will be required:

• A case conference is heard before a County Court judge to identify the issues involved in the case.
• A directions hearing is held to sort out preliminary matters such as anticipated length of trial, what witnesses are required and to check that funding is in place for the trial. The prosecution will provide a copy of their trial opening and the defence will detail it's case.
• Either a plea date will be set or a trial date will be set.

If you are pleading not guilty, a trial will be conducted before a jury of 12 people. Their role is to determine whether you are guilty or not guilty.

An appeal can be lodged at the conclusion of a plea or a trial. The appeal can be against conviction or sentence or both. The appeal will be heard in the Supreme Court, in the Court of Appeal. In most circumstances appeals have 2 stages.