Receiving a summons or charge sheet is unsettling, especially if you have never been to court before. Knowing what to expect at your first court date can take away a lot of the stress. Most criminal matters start in the Magistrates' Court of Victoria.
Before your court date
- Get legal advice early. A lawyer can review the charges, request the police brief of evidence, and advise you on your options.
- Check your paperwork. Confirm the court location, date and time on your charge sheet, summons or bail papers.
- Collect documents. Bring your charge sheet, bail documents, any letters from police, and character references if you have them.
- Plan your day. Courts can be busy. You may wait several hours before your matter is called, so arrange work and childcare in advance.
On the day
Arrive early, as you will need to pass through security screening. Dress neatly, as if for a job interview. Once inside, find your name on the court list and tell the registry or the court officer that you are there. Turn off your phone in the courtroom.
When your matter is called, stand when speaking to the magistrate or judge and address them as "Your Honour". Speak clearly and politely.
What usually happens at a first mention
The first hearing is usually called a "mention". It is an administrative hearing, not a trial. Depending on your situation, the following may happen:
- Adjournment: your matter is put off to another date so you can get legal advice, receive the brief of evidence, or prepare.
- Plea of guilty: if you accept the charges and are ready, the matter may be finalised on the day.
- Diversion: for some first-time and minor offences, you may be able to apply for a diversion program. If completed, the matter can be dealt with without a criminal conviction. Eligibility rules vary.
- Contest: if you plead not guilty, the matter is adjourned for further steps and, ultimately, a contested hearing.
Do I need a lawyer?
You are not required to have a lawyer, but it is strongly recommended. A lawyer can negotiate with the prosecution to withdraw or reduce charges, identify problems with the evidence, and present a strong plea that may reduce your penalty. Duty lawyers are also available at many courts for people who meet eligibility requirements.
How we can help
We can appear with you from the first mention, explain each step, and fight for the best outcome, whether that means having the charges withdrawn, securing diversion or presenting a persuasive plea.
