What if you do not know what is happening?
Confusion in court is normal and manageable. What to say, when to ask for the matter to be stood down, and how to reach the duty solicitor.
24.1It happens to everyone
Start here
Court has its own vocabulary and rhythm, and even lawyers lose the thread of a busy list. The dangerous response is to guess. The safe response is to say, calmly, that you do not understand. Judges deal with self-represented people daily and a clear request for clarification costs you nothing.
I'm sorry, Your Honour, I don't understand what is being asked of me. Could you explain what happens next?
24.2Standing the matter down
Getting time
If you need more than a moment, ask for the matter to be stood down. This puts your matter aside in the list while others are dealt with and gives you time, usually half an hour to an hour, to step outside, think, or find the duty solicitor. It is routine and Judges grant it readily to self-represented people.
Your Honour, could the matter be stood down for a short time so that I can speak to the duty solicitor?
24.3The duty solicitor
Free help on the day
Legal Aid NSW places a duty solicitor at most Local Courts on list days, and the Aboriginal Legal Service does the same for Aboriginal and Torres Strait Islander people. They give brief advice to people without lawyers and, for eligible people, can appear on the day. They cannot take on your whole matter from the corridor, but they can tell you what a word means, whether an adjournment is the right call, or whether something the prosecutor just said should worry you. Ask the court officer where to find them.
Things that should make you stop and ask
The prosecutor mentions a charge you did not know about. The Judge refers to a report you have not seen. Anyone mentions "in custody", "full time", or "assessment". Anything you are asked to sign. In each case, ask for the matter to be stood down and find the duty solicitor before you say anything else.
If the day goes somewhere you did not expect
A sentencing assessment report, a mention of custody, an additional charge, or a prosecutor pushing for a community-based order means the matter has moved outside what this course was written for. Ask for the adjournment, take the date, and use the time for a consultation with the lawyers who built Standard.
Request a consultation