StandardCriminal Law
Lesson 22 of 30
Working draft for principal review. All 30 lessons written at full depth. Legal-basis notes marked "Requires principal review" need confirmation before release.
Module 4, Lesson 22

What should you say?

The words for every stage of the appearance, from the moment your name is called to the moment you leave the bar table.

Reading time 9 minHave ready your one-page submissions from Lesson 15Applies to NSW Local Court

22.1When your name is called

Opening

Walk to the bar table, stand at the microphone, and wait for the Judge to look at you.

Say this
Good morning, Your Honour. My name is [full name]. I am representing myself.

The Judge or the prosecutor will state the charge. The Judge will then ask how you plead, or, if you have already pleaded at an earlier mention, whether you are ready to proceed to sentence.

22.2If you need time

Adjournment

Say this
Your Honour, I ask for an adjournment of [four] weeks to [obtain legal advice / complete a program and obtain references / await a response to representations I sent to the prosecutor on (date)].

Give one reason, clearly. If the Judge asks how you intend to plead, answer as Lesson 2 described. The Judge will give a date. Write it down at the bar table and confirm it with the court officer before you leave.

22.3Entering the plea

Plea

Say this
Your Honour, I plead guilty to the charge.

If you dispute a fact: "I plead guilty. I do not accept paragraph [X] of the facts sheet, which states [quote]. I ask that the court not rely on it." If you want a program referral or time to complete one: "I plead guilty and I ask to be referred for MERIT assessment" or "I plead guilty and ask for sentence to be adjourned so that I can complete [program]."

The prosecutor will then read or hand up the facts sheet and tell the Judge your record. Listen. If the record read is wrong, say so when the Judge turns to you: "Your Honour, the record read is not correct. I have [no prior matters / one prior matter in (year)]."

22.4Tendering documents

Handing up

Say this
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] confirming my attendance.

Hand them to the court officer, who passes them to the bench. Give the prosecutor their copies at the same time. The Judge will read. Stand and wait. It may take two or three minutes.

22.5Submissions

The case

When the Judge looks up, they will usually say "Yes, [surname]?" or "What do you want to say?" That is your cue for the submissions you prepared in Lesson 15. Begin with the framework sentence so the Judge knows where you are going.

Say this
Your Honour, I would like to address the four matters under section 10(3), briefly, and then say what I am asking the court to do.

Work through your four headings and the ask. Finish with "Those are my submissions, Your Honour", and stop.

22.6Answering questions

Responding

Answer the question, in one or two sentences, and stop. If you did not hear or understand:

Say this
I'm sorry, Your Honour, could you repeat the question? I want to make sure I understand what you are asking.

If the Judge asks something you had not prepared for, such as whether you are still using, answer honestly. A Judge who catches a self-represented person in a lie at the bar table has all the information they need about insight.

22.7After the decision

Closing

The Judge will give the decision and, usually, short reasons. Listen for the order: dismissed under section 10, conditional release order without conviction, fine, and any conditions. When they finish:

Say this
Thank you, Your Honour.

Then leave the bar table, bow at the bar, and go to the registry to collect the written order. Lesson 26 tells you what to do with it.