I have to go to court

Going to court can feel overwhelming, but there is a lot of free help on the day. This is general information about the Magistrates Court for adults. If you are struggling, Lifeline is on 13 11 14. If you are in danger, call 000.

What this usually means

Most criminal cases start in the Magistrates Court. Your paperwork (a notice to appear, summons or bail undertaking) says which court you must go to, and when. Your first date is called a first mention. It is usually short.

At the first mention a magistrate reads the charge and asks how you plead. You can ask for an adjournment, plead guilty, or plead not guilty. We cannot tell you which to choose. A lawyer can explain each.

What you can do now

1. Check the date, time and court on your paperwork. Find the address and how you will get there.
2. Try to get advice before the day. Call Legal Aid Queensland, a community legal centre or ATSILS. Duty lawyers are usually at court, but it is worth phoning the courthouse to check.
3. Plan the day. Arrive early. Dress neatly. Take your paperwork, photo ID, a pen and paper. Plan for the whole day and arrange childcare if you need it.
4. At the court, go to the counter and give your name. Ask for an interpreter if you need one. Ask which courtroom you are in, and ask to speak to the duty lawyer.
5. Ask for the police version (the QP9). The duty lawyer or police prosecutor can help.
6. In the courtroom, turn off your phone. Do not eat, drink or chew gum, or wear a hat or sunglasses. Stand when the clerk says "all rise" and when you are spoken to. Call the magistrate "Your Honour".
7. If you are worried about what could happen, ask the duty lawyer before you go in.

Time limits

• First mention: the date on your paperwork. Missing it may lead to a warrant for your arrest, and a further charge.
• Online guilty plea for minor offences: you must submit it more than 2 business days before your court date. It is not available if you are charged with a more serious offence.
• After a not guilty plea: a new date is set. The prosecution must provide the full brief of evidence within 5 weeks of the summary callover.
• Other dates depend on your case. Ask your lawyer.

If it goes further

Adjournment. You or the duty lawyer can ask for the case to be moved to a later date to get more advice. You may not be allowed more than one, and the magistrate may require a plea.

Pleading guilty. Read the QP9 first. If you disagree with any detail, tell the duty lawyer or prosecutor. A guilty plea is very hard to change, so only plead guilty if you fully understand the charge.

Pleading not guilty. You get a new date. At the summary callover, the matter is either discussed with the prosecutor or set for a trial. The prosecution must prove guilt beyond reasonable doubt.

Sentencing. If you are found guilty, the magistrate asks about your criminal and traffic history and hears about things like your family, work and any courses. You can hand character references to the prosecutor. An offender levy is payable on any guilty finding. If you are sentenced to jail, you are usually taken into custody straight from court, so avoid bringing valuables or more than about $50.

Some charges are sent to a higher court. Keep your address up to date.

If you are anxious about the day

It helps to visit the courthouse website, or phone the registry, before the day. You can ask where the duty lawyer sits and what time the list starts. Many courts have a support service. Ask at the counter.

If English is not your first language, ask for an interpreter when you give your name at the counter. If you have a disability or health condition that makes court hard, tell the registry or your lawyer early so adjustments can be considered.

If you cannot take the whole day off, ask your employer for a letter, and tell your lawyer. Do not simply stay away. It is better to ask the court for a different date, in advance, through a lawyer.

Questions to ask whoever helps you

• Should I ask for an adjournment, and what would that mean?
• What are the likely outcomes of this charge?
• Is there a free duty lawyer at my court on my date?
• Can I get legal aid for a later date?
• What happens if I cannot make it on the day?