The first court date is called the first mention and you will usually need to appear in the local Magistrates Court.
- The depositions clerk calls you and then calls ‘all rise’ as the magistrate enters and sits at the bench.
- The magistrate stands and reads out the charges against you.
- The magistrates asks you how you plead—guilty or not guilty.
- Either you or your defence lawyer stands and responds.
- For simple offences:
- You or your lawyer may ask for an adjournment for more time to consider a plea and set a date.
- You may plead guilty and the magistrate listens to submissions or information presented, then decides on a penalty.
- You may plead not guilty to a simple offence and the magistrate sets a summary hearing. (The magistrate may set other ‘mentions’ before the summary hearing to confirm each party is prepared.)
- For indictable offences:
- You may plead guilty to a minor indictable offence and the magistrate either decides the penalty then or sets a date for a sentence hearing.
- For other indictable offences, the magistrate sets a committal hearing to determine if there is enough evidence to send the defendant to trial in the Supreme or District Court.