Court Procedure

First Day at Court

If you are in custody, you will need to decide whether or not you will apply to be released (bail).

There are limitations on the number of times you can apply for bail in the local courts so it’s best to obtain legal advice when making this decision.

Whether or not you are in custody, you will need to obtain a copy of the police charges and ‘police facts’. Once you have these and have read them, you will need to consider whether to plead ‘Guilty’ or ‘Not Guilty’.

You need to consider whether you will represent yourself or find a lawyer to represent you. If you choose to appoint a lawyer, you will usually appear in court together with your lawyer.

Plea of ‘Guilty’

If you agree with the ‘police facts’ and charge(s), you may decide to plea ‘Guilty’. The Court may sentence you immediately or may adjourn your matter for sentence to another day.

Plea of ‘Not-Guilty’

If you do not agree with the ‘police facts’ or any charge, you may decide to plea ‘Not-Guilty’ to one, or all, of the charges. When you decide to plead ‘Not-Guilty’ the Court may:

• Set a hearing date on which the police and their witnesses, and you and your witnesses will appear at Court; alternatively,
• The Court may adjourn your matter in order for the police to provide you with all their evidence and for you to consider all the evidence provided to you.