Going to Court in NSW: What to Expect

Understanding What Happens When You Go to Court

For anyone who hasn’t been through it before, the court process can feel confusing and overwhelming. Most people facing a criminal or traffic matter in NSW will have their case dealt with in the Local Court, so we’ve put together this guide to walk you through what typically happens, step by step. That said, every matter has its own quirks, and if you want the best possible outcome, it’s always worth getting advice from a solicitor and representation where needed, from Best Criminal Lawyers Sydney.

How Your Matter Gets to Court

Criminal and traffic proceedings generally begin with a Court Attendance Notice, either one you’ve elected to receive after being issued a ticket, or one issued directly by police for more serious matters. This notice sets out the date, time, and location of the court you’re required to attend.

Your First Mention Date

The date listed on your Court Attendance Notice is known as the first mention date. At this appearance, a few different things can happen:

• You can ask for an adjournment. The court may grant you extra time to get legal advice or for another legitimate reason.
• You can enter a guilty plea. If you’re ready, the court can deal with the matter on the spot. Alternatively, you can ask for an adjournment to gather references or other supporting material before your plea is formally dealt with, though ultimately, whether an adjournment is granted is at the court’s discretion.
• You can enter a not guilty plea. In this case, the court will set your matter down for a defended hearing at a later date, when both the prosecution and you will need to bring evidence and witnesses.

It’s worth knowing that a hearing won’t happen on the same day you enter a not guilty plea; the court needs time to schedule it properly, and pushing for an immediate hearing simply isn’t how the system works.

How More Serious Matters Are Handled

For more serious charges, the court will set a timetable at the first or a later mention date requiring police to prepare and serve what’s known as a brief of evidence, essentially the written case against you, including witness statements and the evidence police intend to rely on. A further “return date” is then set, by which point you’re expected to confirm or enter your plea.

Sometimes the brief isn’t served on time, and either side may need to request an extension and a new return date. We’d always recommend having the complete prosecution case in hand well before a hearing is listed, so nothing catches you off guard and your defence can be properly prepared. In less serious matters where a brief isn’t automatically ordered, it can be worth requesting an early return date so a subpoena can be issued to the Commissioner of Police for the relevant evidence, giving you time to review it before your hearing.

This is necessarily a simplified overview in practice; there are many variations on this process, and an experienced lawyer will know how to use them to your advantage.

Disclaimer: This page is general legal information only and shouldn’t be relied upon as legal advice for your specific circumstances. Court procedures can vary depending on the matter and the registry involved, so please speak with one of our lawyers for advice tailored to your situation.