StandardCriminal Law
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Tools

Your court day guide

The night before, the morning, arriving, waiting, what to say at each stage, what the outcome means, and what to do if something goes wrong. Print it and take it with you.

Reading time 10 minApplies to NSW Local Court
The short answer

Be inside the building by 9:00 am, register with the court officer before you sit down, and wait in the gallery until your name is called. At the bar table: introduce yourself, plead, tender your documents to the court officer, make your submissions, answer questions briefly, and say thank you. If you are lost, say so, or ask for the matter to be stood down.

What to do this week
  1. Fill in the court details box tonight and pack the folder against the listSection 1 of this guide
  2. Read the words for each stage aloud onceSection 5 of this guide
  3. Block the entire daySection 2 of this guide
Am I in the wrong place?

If anyone at court mentions custody, a sentencing assessment report, a report you have not seen, or a charge you did not know about, ask for the matter to be stood down and find the duty solicitor before you say anything else.

Quick reference
Address the Judge asYour Honour
When you arriveRegister with the court officer first
Opening lineGood morning, Your Honour. My name is [name]. I am representing myself.
TenderingYour Honour, I have some documents I would like to tender.
If lostI'm sorry, Your Honour, could you repeat that?
If overwhelmedYour Honour, could the matter be stood down for a short time?

1Your details, fill in tonight

Before

Name______________________________
Charge and section______________________________
Court and address______________________________
Listed time______________________________
Leave home by______________________________
H number and court case number______________________________
What I am asking for, and the fallback______________________________

Pack: CAN and facts sheet; three signed original references with two copies each; your letter, original and two copies; program letter, original and two copies; one-page submissions; bail papers; photo ID; pen; water; this guide.

2The morning

Before you leave

DressAs for a bank interview. Dark, plain, closed shoes, no logos
EatYou may be there all day
FolderCheck it against the list above
SubmissionsRead aloud once
PhoneCharged, and off before you enter the courtroom
LeaveEarly. Security at Downing Centre or Parramatta can take twenty minutes
The dayBlocked entirely. Nothing after 4:00 pm

3Arriving

Stage 1

StepWhat happensWhat you do
SecurityAirport-style screeningBring nothing you would not take on a plane
The listDaily list near the entrance or on screens, alphabetical by surnameFind your name and courtroom. Ask the registry if you cannot
The court officerInside or beside the courtroom doorGive your full name, say you are representing yourself, and whether you will plead guilty and are ready

Until the court officer has marked you present, the court does not know you are there.

4Waiting

Stage 2

DoDo not
Sit in the gallery and watch the matters before yoursLeave the precinct without telling the court officer
Stand when the Judge enters or leavesUse your phone, or take photos, which is a criminal offence
Bow toward the bench when you cross the barEat, talk, or react to other matters

5At the bar table

Stages 3 to 5

When your name is called
Good morning, Your Honour. My name is [full name]. I am representing myself.
If you areSay this
Pleading guilty, ready todayYour Honour, I plead guilty to the charge and I am ready to proceed to sentence.
Pleading guilty, need timeYour Honour, I plead guilty. I ask for an adjournment of [four] weeks to [complete a program and obtain references].
Disputing a factI plead guilty. I do not accept paragraph [X] of the facts sheet, which states [quote]. I have asked the prosecutor to withdraw it. If it is not withdrawn, I ask that the court not rely on it unless the prosecution proves it.
Need legal adviceYour Honour, I ask for an adjournment of [four] weeks to obtain legal advice.
Awaiting representationsYour Honour, I sent representations to the prosecutor on [date] and have not had a response. I ask that the matter be adjourned.
Pleading not guiltyYour Honour, I plead not guilty to the charge.
Tendering, to the court officer, not the Judge
Your Honour, I have some documents I would like to tender: three character references, a letter from me to the court, and a letter from [program].
Submissions
Your Honour, I would like to address the four matters under section 10(3), briefly, and then say what I am asking for.

Work through your one page. Finish with "Those are my submissions, Your Honour." Answer questions in one or two sentences. When the Judge gives the decision: "Thank you, Your Honour." Then leave the bar table, bow at the bar, and go to the registry for the written order.

6The outcome

Stage 6

What you hearWhat it means
Dismissed under section 10No conviction, no conditions. The matter is over
Conditional release order without convictionNo conviction. Conditions from today for the stated period
Conditional release order with convictionConviction recorded, conditions apply
Fine of $[amount]Convicted. Pay within 28 days or arrange time to pay with Revenue NSW
Community correction orderConvicted. Report to Community Corrections within the time stated, usually seven days
Disqualified for [period]You cannot drive from now. Arrange a lift home before you leave the building

7If things go wrong

Recovery

ProblemWhat to do
You do not understand"I'm sorry, Your Honour, could you repeat that? I want to make sure I understand."
You lose your placePause, breathe, look at your dot points, continue
The Judge seems impatientStop, listen, answer what is asked, briefly
You are overwhelmed"Your Honour, could the matter be stood down for a short time so that I can speak to the duty solicitor?"
Something unexpected: custody, a report, a new chargeAsk for the matter to be stood down. Find the duty solicitor before you say anything else
The result is bad"Thank you, Your Honour." Leave. Read the appeals guide. 28 days

8Carry this in

Cut-out card

Address the Judge asYour Honour
Crossing the barBow
On arrivalRegister with the court officer
Opening lineGood morning, Your Honour. My name is [name]. I am representing myself.
TenderYour Honour, I have some documents I would like to tender.
SubmissionsYour Honour, I would like to address the four matters under section 10(3).
LostI'm sorry, Your Honour, could you repeat that?
Need timeYour Honour, could the matter be stood down for a short time?
CloseThose are my submissions, Your Honour. Thank you, Your Honour.

You have prepared for this. Walk in, stay calm, and let the folder do the work.

General information only, not legal advice. NSW-specific. Every matter turns on its own facts and laws can change. Reading this guide does not create a solicitor-client relationship between you and the lawyers who produced it.