How to act and speak at court
Courtroom protocol, how to speak so the court can hear and follow you, and the mistakes that cost self-represented people.
21.1Protocol
The rules
These apply from the moment you enter the courtroom and they are not optional.
| Do | Why |
|---|---|
| Bow briefly toward the bench as you cross the bar, in and out | It is the custom and its absence is noticed |
| Stand when the Judge enters or leaves | The court officer will say "all rise"; follow it |
| Stand when speaking to the court, sit when not | Standing signals you are addressing the bench |
| Say "Your Honour", never sir, madam, Your Worship, or a name | It is the correct form for every judicial officer in NSW |
| Wait until the prosecutor has finished before responding | Interrupting reads as argumentative |
| Speak into the microphone at normal pace | Proceedings are recorded and the Judge is taking notes |
| Phone off, not silent; no food; water only | A ringing phone during sentence is remembered |
| No photos, no recording, anywhere in the building | It is a criminal offence |
21.2How to speak
Register
The court does not expect a self-represented person to sound like a lawyer. It expects plain, formal, direct speech. No slang, no jokes, no speeches. Short sentences. Answer the question asked. If nervousness makes you talk faster, pause and breathe before each point. Nervous is fine. Evasive, argumentative, or over-familiar is not.
Look at the Judge when you speak to them. Do not turn to the prosecutor or the gallery. If the Judge is writing, wait until they look up. A Judge who is writing is recording what you said, which is good; talking over it is not.
21.3The mistakes that cost people
Avoid
Denying the offence after pleading guilty. "I plead guilty but I didn't really" makes the Judge stop the proceeding and ask whether you understand the plea. Lesson 13 warned about this. If you cannot accept the offence at the bar table, you should not be pleading guilty.
Arguing with the facts sheet at sentence without having raised it. Lesson 4 gave you the procedure. Follow it.
Blaming the officer. Even if the officer was rude. Even if the search was rough. It is irrelevant to sentence and it reads as absence of insight.
Talking to fill silence. When the Judge reads your letter, the room goes quiet. That silence is not an invitation. Stand and wait.
Reacting to the result. Lesson 27 covers what to do if the result is bad. In the room, the answer is: nothing. "Thank you, Your Honour" and leave.