If you have been given a Court Attendance Notice in New South Wales, your first appearance will be in the Local Court. It can feel intimidating if you have never been before, but knowing what to expect can help you prepare and put your best case forward.
At Kingston Fox, we guide clients through every stage, from first mention to final hearing, so you understand what is happening and how to approach it.
The first appearance – mention
Your first day in court is called a mention. These are usually short appearances where the court wants to know whether you’re pleading guilty or not guilty.
If you plead guilty, your matter may be finalised that day. If you need more time for legal advice, to gather documents like character references, or to complete a program that could help your case, you can ask for an adjournment.
If you plead not guilty, the court will make orders for the police to compile and serve the brief of evidence on you or your lawyer. The court will set another mention date after the brief is served. Understanding Local Court matters and procedures can help you navigate this process more effectively.
Pleading guilty – sentencing
If you enter a guilty plea, the focus moves to sentencing. This is where the court decides the penalty. Having strong subjective material to present at this stage can make a big difference.
This could include character references from people who know you well or evidence of the steps you have taken since the offence to address the underlying issues, such as proof of the completion of a rehabilitation program.
Pleading not guilty – hearing
If you plead not guilty, the matter will be set down for a hearing. The prosecutor will present the prosecution’s case by calling witnesses. The defence will have the opportunity to cross-examine witnesses. Ultimately, it is for the prosecution to prove their case beyond reasonable doubt. After witnesses are called to give evidence and both sides have made submissions, the court will decide whether the prosecution has proven their case and whether you are guilty or not guilty.
Possible outcomes
If you are found guilty, there are several sentencing options available in the Local Court, including:
- Section 10 dismissal: this is when an offence is proven but dismissed without a conviction.
- Conditional release order: a good behaviour bond, with or without conviction.
- Fines: the court may consider your ability to pay before setting an amount.
- Community correction order: this may include community service and other conditions.
- Intensive correction order: a form of imprisonment served in the community.
- Full-time custody
Courtroom etiquette
If you have a lawyer, they will speak on your behalf. If you are representing yourself, you will stand to the side of the bar table and address the Court directly. You must always remain respectful and avoid arguing with the magistrate or judge, as this can harm your matter.
If you are unsure about how to address the court, we recommend that you speak with a lawyer or observe proceedings before your own matter is called.
Why early legal advice matters
From your first mention to the end of your hearing, each step of the process can influence the outcome. Having an experienced criminal defence law firm behind you means you will have someone who knows exactly what the magistrate needs to hear and how to present your case in the best light.
If you have been charged and have a Local Court date, contact Kingston Fox today. We can help you prepare, guide you through the process, and work towards the best possible result for your situation.
