Thinking Local Court Process with Elizabeth Stahlut, Solicitor
THINKING
LOCAL COURT
PROCESS
For most people, a court room can be an alienating and
intimidating environment, especially if you have been
charged with a criminal offence.
W
hilst a lawyer can certainly
assist you in getting the
best possible outcome
for your matter, it can
be helpful to have an
understanding of how matters generally
progress through the local court, when it comes
to criminal proceedings.
In most cases, you will be served a Court
Attendance Notice (CAN), which will have
information about when you have to attend
court, as well as what you have been charged
with, and the facts that the police will be relying
on. It is very important that you go to court
on the date written on the CAN. If you don’t,
the court would then be relying only on the
information contained in the CAN and Police
Facts Sheet, and you may be found guilty, in
your absence. The court can also determine
sentence in your absence, and if the magistrate
is contemplating a custodial sentence, a
warrant will often be issued for your arrest, so
that you can be brought before the court, to
be sentenced. In other cases, where the court
chooses a non-custodial penalty, the court
registry will generally inform you in writing.
This first court date is called a mention, and this
is your first opportunity to let the court know
if you want to plead Guilty or Not Guilty to the
offence charged. If you are not able to retain
a private lawyer, it is possible to approach the
duty lawyer, either to seek an adjournment to
another court date (usually, this will be for Not
Guilty pleas, however it may also be needed, to
get further information for a Guilty plea, that
might help to get a better deal on sentence) or
to present a plea of Guilty on your behalf.
It is strongly advised that you take a copy of
your CAN, to show the lawyer, as this will
assist them in providing you with appropriate
information and advice, that will help you
get a better outcome for your case. It is often
possible to deal with Guilty pleas on this first
court date, however there are times when it
may be appropriate to adjourn the matter,
often to gather further information to help
with the plea, or for a report to be prepared by
Community Corrections, which can also help to
get a better sentence outcome, if your matter is
more serious. Your lawyer will be able to advise
you on the best option for you to pursue.
If you decide to plead Not Guilty, the court will
usually adjourn the matter to another date,
so as to give the police time to gather the
evidence on which they would seek to rely, in
prosecuting you. There will often be a date
given by the court, by which the police must
serve on you a copy of this evidence, which is
called a Brief of Evidence (BOE), so that you will
have an opportunity to look at the evidence and
decide whether you will change your plea to
Guilty, or defend the charge. This second court
date is usually called a Reply to Brief and it is
your second opportunity to let the court know
whether you want to plead Guilty or Not Guilty.
Sometimes, a court may set a hearing date
at the first mention. Again, a lawyer can help
you make the decision that is best for you, by
providing appropriate information and advice.
If you continue with a plea of Not Guilty, the
next court date will be the hearing date. If you
are found Guilty, the matter will sometimes be
further adjourned for sentence, which will allow
an opportunity for your lawyer to gather more
information if necessary, and make submissions,
to try and get the best sentence outcome for
you.
A plea of Guilty can sometimes be finalised
at the second court date, though it may
sometimes be appropriate to further adjourn a
matter, either to get a report from Community
Corrections or to gather further information, to
assist with your plea. Your lawyer will advise you
about what options will help you to get the best
possible outcomes, for your matter, as well as
providing you with all necessary assistance. Talk
to us. You’ll be inspired!
Elizabeth D. Stahlut
(Solicitor)
new england focus. 43