Receiving a Court Attendance Notice can make the situation suddenly feel very real. You know you have to go to court, but you may have no idea what will happen when you arrive, who you will speak to or what you will be expected to do.
For most people facing criminal charges in New South Wales, the first court appearance is not a trial. It is generally the first procedural stage of the case.
In the NSW Local Court, the first court date is commonly called a mention. The court will usually want to know how you intend to respond to the charge, including whether you are pleading guilty or not guilty. Depending on the circumstances, other issues may also need to be addressed before the case can progress.
Michelle Duncan has more than 30 years of experience practising Criminal and Traffic Law in New South Wales. During that time, she has represented clients through every stage of criminal proceedings, from their first court appearance through to hearings, sentencing and appeals.
Understanding what is likely to happen before you walk into court can make the process considerably less confusing.
What Is a First Court Appearance in NSW?
Your first court appearance is the first date on which your criminal charge comes before the court. In the NSW Local Court, this is often referred to as a mention.
Most criminal charges in NSW first come before the Local Court. More serious charges may later move to the District Court or Supreme Court.
A mention is generally concerned with establishing what needs to happen next.
Depending on your case, this may involve:
- entering a plea of guilty or not guilty
- asking for time to obtain legal advice
- dealing with bail
- arranging for prosecution evidence to be provided
- setting another court date
- preparing the matter for a defended hearing
- progressing the matter towards sentencing if a guilty plea is entered.
The precise process depends on the offence and the circumstances of your case.
If you have only recently been charged, our guide to what happens after being charged with a criminal offence in NSW explains the steps leading up to your first court date.
What Should I Do Before My First Court Date?
Start with the documents you received from police.
Your Court Attendance Notice (CAN) should identify the court you are required to attend and the date and time of your appearance. If you were arrested and released on bail, you may also have received bail documents and other police paperwork.
Before court, check:
- the correct courthouse
- your court date
- the time shown on your CAN
- the charge or charges against you
- any bail conditions
- documents provided by police
- whether you need legal representation.
It can also be helpful to organise practical arrangements beforehand.
Court does not necessarily run according to the timetable you might expect from an ordinary appointment. Arrange sufficient time away from work, organise childcare if necessary and work out how you are getting to the courthouse.
Should I Get Legal Advice Before the First Appearance?
Where possible, yes.
One of the most important decisions you may be asked to make is whether you intend to plead guilty or not guilty.
Legal Aid NSW recommends obtaining legal advice before making that decision.
A criminal lawyer can review the charge, discuss the allegations with you and explain what the available material means before you decide how the matter should proceed.
What Time Should I Arrive at Court?
Aim to arrive at least 30 minutes before the time shown on your Court Attendance Notice.
Legal Aid NSW recommends this because you need time to enter the courthouse, pass through security and find the courtroom where your case is listed.
This is particularly sensible at busy court complexes.
Many NSW courthouses have airport-style security screening. Your belongings may need to pass through a scanner and you may need to walk through a metal detector. (NSW Courts and Tribunals)
Arriving early also gives you some breathing room if you need to speak with your lawyer before court begins.
How Do I Know Which Courtroom to Go To?
Your Court Attendance Notice tells you the courthouse, but your matter may be allocated to a particular courtroom on the day.
When you arrive, check the daily court list for your name.
Court lists may be available at the courthouse and online through NSW court listing services. If you cannot find your matter, ask court staff for assistance.
Once you have found the correct courtroom, make sure your lawyer knows you have arrived if you are represented.
Then be prepared to wait.
There may be many matters listed in the same courtroom.
What Happens When My Name Is Called?
When your matter is ready to be dealt with, your name or case will be called.
If you are represented, your criminal lawyer will ordinarily address the court on your behalf.
If you are representing yourself, you may be asked to move to the bar table area and speak directly to the magistrate or registrar. Legal Aid NSW explains that defendants will usually be asked to stand beside the bar table when their name is called.
The court may need to establish:
- whether you have legal representation
- how you intend to plead
- whether further preparation is required
- whether bail needs to be addressed
- what orders need to be made
- when the matter should return to court.
Listen carefully to what is being said.
If you have a lawyer, they should explain what occurred and what you need to do next.
Do I Have to Plead Guilty or Not Guilty at the First Court Appearance?
The court will generally want to know your plea at the first court date.
However, you should understand the allegation and the consequences of your decision before entering a plea.
What Happens if I Plead Guilty?
A guilty plea means you accept the offence.
Depending on the matter and whether the case is ready to proceed, the court may deal with sentencing or the matter may need to return on another date.
Material relevant to sentencing can include your criminal or driving record, supporting documents, character references and submissions made to the court.
What Happens if I Plead Not Guilty?
A not guilty plea means the allegation is disputed.
For many Local Court matters, further steps will then be required before a defended hearing can occur.
The court may make orders requiring the prosecution to serve a brief of evidence, which contains evidence relied upon by the prosecution, and set another date for the matter to return to court.
You would not ordinarily expect the witnesses to immediately start giving evidence simply because you entered a not guilty plea at the first mention.
What if I Am Not Ready to Enter a Plea?
If you have not had a reasonable opportunity to obtain legal advice, you may be able to ask the court to adjourn the matter.
An adjournment simply means moving the case to another date.
NSW Courts specifically notes that a defendant who remains unsure how to plead on the first date can ask for another date to obtain legal advice. Whether the request is granted is ultimately for the court to decide. (NSW Courts and Tribunals)
This is different from repeatedly delaying proceedings without a proper reason.
If you have received your CAN well in advance, it is generally preferable to seek advice before the court date rather than waiting until you arrive.
What Happens if I Am on Bail?
If you have been granted bail, take your bail conditions seriously.
NSW Courts states that a defendant who is on bail must attend court personally unless formally excused. Failure to attend can result in a warrant being issued. (NSW Courts and Tribunals)
Before court:
- read your bail conditions again
- make sure you continue complying with them
- bring your bail documentation
- tell your lawyer about any problems with the conditions
- do not assume a condition has stopped applying.
Bail can sometimes become an issue at the first appearance itself.
If you need representation concerning bail, Duncan Criminal Law also assists with bail applications in NSW.
Will My Case Be Finished on the First Court Date?
Not necessarily. Many criminal matters involve several court appearances.
The next stage depends heavily on your plea and the type of charge.
A matter might proceed towards:
- sentencing
- service of a brief of evidence
- another mention
- a defended hearing
- negotiations about charges or the police facts
- a bail application
- further procedural orders
- proceedings in a higher court for more serious charges.
For a person experiencing the criminal justice system for the first time, multiple court dates can sometimes feel as though nothing is happening.
In reality, important work can occur between appearances. Evidence may need to be obtained and reviewed, instructions taken, representations prepared and the case properly considered before the next significant stage.
Good preparation between court dates can be just as important as what occurs inside the courtroom.
How Long Will My First Court Appearance Take?
There is no reliable way to say exactly how long you will be there.
Legal Aid NSW advises that people may be at court for a few hours and sometimes most of the day.
Your matter may itself take only a short time when it is called, but that does not mean it will be called immediately.
A court list can contain many matters.
Some may be dealt with quickly. Others may require longer discussions. Matters involving lawyers, people in custody, adjournment applications and other procedural issues can affect how the list progresses.
It is sensible to avoid scheduling something important immediately after your expected court appearance.
Do I Have to Attend Court if I Have a Lawyer?
Do not assume that having a lawyer means you can stay home.
NSW Courts states that defendants generally need to attend court even when represented, subject to exceptions. If you are on bail, personal attendance is required unless you have been formally excused. (NSW Courts and Tribunals)
Ask your lawyer specifically whether you need to attend.
Never simply assume your lawyer can appear without you.
What Should I Wear to Court?
You do not need to buy an expensive suit simply because you are going to the Local Court.
The better approach is to dress neatly and respectfully.
Think about the impression you would want to create in a professional setting.
Court is a formal environment. Your clothing does not determine the outcome of your case, but presenting yourself appropriately demonstrates that you understand the seriousness of the proceedings.
Can I Use My Phone Inside the Courthouse?
Be careful.
NSW Courts advises that mobile phones must not disrupt proceedings and should be switched off before entering a courtroom. Photography and audio recording in courtrooms and court premises are restricted and generally require permission from a judicial officer. (NSW Courts and Tribunals)
Do not photograph people, documents or proceedings simply because you have your phone with you.
It is also sensible to avoid discussing the details of your criminal case on social media while proceedings are underway.
What Are Some Common Mistakes Before a First Court Appearance?
After decades of criminal court work, many of the problems that make a first appearance more stressful are practical ones rather than complicated legal issues.
Common mistakes include:
- not reading the Court Attendance Notice carefully
- arriving late
- going to the wrong courthouse
- waiting until the court date to seek legal advice
- assuming the matter will be finished immediately
- entering a plea without understanding the consequences
- forgetting about bail conditions
- leaving court without knowing the next date
- assuming your lawyer can attend without you
- discussing the case publicly or posting about it online.
Preparation removes many of these problems.
What Should I Know Before Leaving Court?
Before you leave, make sure you understand exactly what happened.
You should know:
- What orders were made?
- When is your next court date?
- Do you personally need to attend?
- Do your existing bail conditions continue?
- Is anything required from you before the next date?
- What will your lawyer be doing before the next appearance?
Write the next date down immediately.
If you are represented, your lawyer should explain the next stage and any preparation required from you.
Do I Need a Criminal Lawyer for My First Court Appearance?
You are not required to engage a private criminal lawyer simply because you have received a Court Attendance Notice.
However, the decisions made early in criminal proceedings can be important.
An experienced criminal lawyer can:
- explain exactly what you have been charged with
- review the available police material
- advise you about your plea
- identify issues with the prosecution case
- discuss whether representations should be made
- deal with bail issues
- appear and speak on your behalf
- explain what happens next
- prepare the case for the appropriate next stage.
Where there are issues with the charge or police facts, there can also be circumstances in which written representations are made to police before the first court date. Legal Aid NSW confirms that representations may be used to seek withdrawal or reduction of charges or changes to disputed police facts.
With more than 30 years practising Criminal and Traffic Law, Michelle Duncan’s approach is to make sure clients understand what is happening rather than leaving them guessing about the court process.
You can learn more about criminal law representation throughout NSW.
Key Takeaways
1. Your First Date Is Usually a Mention
For Local Court criminal proceedings, the first court date is commonly called a mention.
2. Arrive Early
Allow at least 30 minutes before the time on your Court Attendance Notice for security and finding the courtroom.
3. Understand Your Plea
The court will generally want to know whether you plead guilty or not guilty. Get legal advice before making that decision.
4. Expect to Wait
Your matter may be brief when called, but you could still spend several hours at court.
5. One Appearance May Not Finish the Case
Many criminal matters require several court dates before they are resolved.
6. Know What Happens Next
Do not leave court without knowing the next court date, whether you need to attend and what needs to happen before then.
Frequently Asked Questions
What is the first court appearance called in NSW?
The first Local Court appearance for a criminal charge is commonly called a mention. The court will usually want to establish your plea and determine what needs to happen next.
How early should I arrive at court?
Aim to arrive at least 30 minutes before the time shown on your Court Attendance Notice. This gives you time to pass through security and find your courtroom.
Do I have to plead guilty or not guilty on the first day?
The court will generally ask for your plea at the first court date. You should obtain legal advice before deciding whether to plead guilty or not guilty.
Can I ask for more time to get a lawyer?
You may be able to ask the court for an adjournment to obtain legal advice. It is for the court to decide whether to grant the adjournment. (NSW Courts and Tribunals)
Will I be sentenced at my first court appearance?
Possibly, if you plead guilty and the matter is ready to be dealt with, but this will depend on the charge and circumstances. Many cases require further court dates.
What happens if I plead not guilty?
For many Local Court criminal matters, the court will make directions about the next steps, which may include orders for the prosecution to provide a brief of evidence and a further court date before a defended hearing.
Do I need to attend if my lawyer is going?
Generally, defendants should attend unless formally excused. If you are on bail, you must attend personally unless excused by the court. Confirm your attendance requirements with your lawyer before the court date. (NSW Courts and Tribunals)
How long should I expect to be at court?
Allow several hours. Legal Aid NSW advises that you may sometimes be at court for most of the day.
Facing Your First Court Appearance in NSW?
If you’ve been charged with a criminal offence anywhere in New South Wales, obtaining experienced legal representation as early as possible can make a significant difference. Michelle Duncan has more than 30 years of experience representing clients across NSW and provides clear, practical advice tailored to your circumstances.
Contact Duncan Criminal Law today on 0448 946 529 or email info@duncancriminallaw.au to discuss your matter confidentially.
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