Your First Court Appearance
If you have been charged with an offence and given a court date, you are probably wondering what to expect. Most people have never been to court before and the uncertainty makes everything worse. This page explains what happens, step by step. If you want to speak to someone before your court date, call Sacha — she will tell you exactly where you stand.
What a First Appearance Actually Is
Your first court date is called a mention . It is short — usually only a few minutes. The purpose is not to decide your case. It is an administrative step where the court finds out whether you are pleading guilty or not guilty, and what needs to happen next. In most cases, the matter is adjourned (postponed) at the first mention — either for you to get legal advice, for the prosecution to provide the brief of evidence, or for a plea date to be set. You will not be put on the spot to make decisions. If you are not ready, you can ask for an adjournment. The Magistrate expects this, particularly for people who do not yet have a lawyer.
Before Your Court Date
Get legal advice. You do not need to walk into court without knowing what is going on. Call Sacha before your court date — even the night before — and she will explain the charge, the likely process, and what your options are. If Sacha is representing you, she will handle everything from there. Read your paperwork. You should have received documents from the police — a complaint and summons, or a notice to appear, or bail paperwork. These tell you what you are charged with, where to go, and when. Bring them with you. What to bring: Your court paperwork (complaint and summons, notice to appear, or bail documents) Photo ID A pen and paper Any documents Sacha has asked you to bring What to wear: Neat and respectful. You do not need a suit, but no thongs, singlets, or hats inside the courtroom. Think of it as dressing for a job interview. First impressions matter — the Magistrate notices.
What Happens When You Get to Court
Arrive early. Give yourself at least 30 minutes before your listed time. You will need to pass through security screening at the entrance (bag check, metal detector). Find your courtroom. Check the court list — it is displayed on screens in the foyer or on printed lists at the entrance. Your name and courtroom number will be listed. If you cannot find your name, ask at the registry counter. If you have a lawyer: Sacha will meet you at the courthouse before court starts, walk you through what will happen, and sit with you in the courtroom. You do not need to say anything — Sacha appears for you. If you do not have a lawyer: You can still attend your first mention yourself. When your name is called, stand up and approach the bar table. The Magistrate will ask if you have a lawyer. If you need time to get one, say so — the Magistrate will typically adjourn the matter for a few weeks. You will not be penalised for asking for time.
What the Magistrate Does at a First Mention
The Magistrate works through the court list, calling each matter in turn. When your matter is called, the Magistrate will typically: Confirm your name Ask whether you have a lawyer (or note that Sacha is appearing) Ask whether you are entering a plea today or need an adjournment If adjourning — set a new date and confirm your bail conditions continue If you are pleading guilty — hear the facts and submissions, then sentence you (for straightforward matters) The whole process for a first mention usually takes 2–5 minutes. The waiting is the longest part — you may be at court for an hour or two before your matter is called, depending on the list.
Should You Plead Guilty at the First Mention?
Not necessarily. And not without legal advice. An early guilty plea does attract a discount at sentencing — the court gives you credit for saving time and resources. But you should only plead guilty if you actually are guilty of the charge as the prosecution puts it, and if you have had proper advice about what the consequences will be. There are many situations where the right move is to wait: You have not seen the evidence against you yet (the police brief) The charge might be negotiated down to something less serious There may be a defence you are not aware of You need time to prepare sentencing material (references, supporting documents) Sacha will advise you clearly on whether to plead at the first mention or whether there is a good reason to wait. This is one of the most important early decisions and it should be an informed one.
Bail at Your First Appearance
If you were given bail by the police (you signed bail paperwork and were released), your bail conditions continue when the matter is adjourned. You do not need to re-apply for bail at the first mention — you just need to attend court on the date listed. If you are in custody and appearing for the first time, the Magistrate will consider bail. This is where having a lawyer makes a real difference. Sacha prepares bail applications that address the specific concerns the court will have — risk of flight, risk of reoffending, and the nature of the charge. If you have been arrested and are being held for court, you (or a family member) can call Sacha immediately. She will attend court for the bail application — including on weekends and after hours.
What Happens After the First Mention
Your matter will either be: Adjourned — a new date is set, usually 3–6 weeks away. You leave court and continue on bail. In the meantime, Sacha obtains the brief of evidence, reviews it, and advises you on the best path forward. Finalised — if you plead guilty and the court deals with sentencing on the day. This is common for straightforward matters, particularly traffic offences and minor charges. Set for hearing — if you are pleading not guilty, a hearing (trial) date is set, usually several months away. Most first appearances result in an adjournment. This is completely normal and not a cause for concern.
Frequently Asked Questions
Do I have to go to court for the first mention?
Generally, yes — unless a lawyer appears on your behalf. If Sacha is representing you, she can appear for you at a mention without you being there (in the Magistrates Court). This means you do not need to take time off work or arrange travel. Sacha will let you know whether you need to attend in person.
What if I miss my court date?
The court will issue a warrant for your arrest. If you realise you have missed a date, call Sacha immediately. In some cases, the warrant can be resolved without you being arrested — but you need to act quickly.
Can I get a lawyer on the day?
You can — but it is not ideal. Duty lawyers (Legal Aid) are available at the courthouse for basic advice, but they are stretched thin and cannot provide the same level of preparation as a private lawyer. If you call Sacha, even the morning of court, she will do her best to attend and represent you.
Will I go to jail at the first appearance?
For most charges, no. First appearances are typically adjourned. If you are pleading guilty to a minor matter, you will be sentenced on the day — but imprisonment is unlikely for a first offence on a minor charge. If there is any risk of a custodial sentence, Sacha will tell you before you walk into court.
What if I do not understand the charge?
Call Sacha before your court date. She will explain the charge in plain language — what it means, what the maximum penalty is, and what is actually likely in your circumstances. You should never walk into court without understanding what you are facing.
How long will I be at court?
Plan for at least 2–3 hours. Most of that is waiting for your matter to be called. The actual mention itself only takes a few minutes. Bring something to read and make sure you have allowed enough time — leaving before your matter is called creates serious problems.