Search results
The hearing begins. When your name is called, go to the bar table. Stand at the opposite end of the table from the prosecutor. The court clerk or magistrate reads out the charge. Then they ask you if you are pleading guilty or not guilty. If you agree that you broke the law, tell the magistrate that you are pleading guilty.
You can plead either: guilty (say you did break the law) not guilty (say you did not break the law, or disagree with what the prosecutor says you did). The prosecutor is the agency who is presenting evidence against you or the court. To plead guilty, you need to accept what the prosecutor says you did. It is important to be clear about what you ...
Pleading not guilty Directions hearing or case conference. If you are pleading not guilty, the court will list your case for a directions hearing or case conference. At the directions hearing (or other date) you may be arraigned. This is when the charges are formally read out to you in the courtroom and you are asked if you plead guilty or not ...
Go into the courtroom and wait for your name to be called. This may take a while. Make sure you bow to the magistrate as you go into the courtroom. When your name is called, stand at the opposite end of the bar table from the prosecutor. Tell the magistrate that you want to plead not guilty.
Committals are heard at a Magistrates’ Court. The purpose of a committal is to decide if there is enough evidence to go to trial. The magistrate makes this decision after finding out what evidence there will be. If the accused is pleading guilty, there is no need for you to give evidence but the committal still happens.
The maximum penalty for an adult is; 15 years jail and/or a fine of up to 1,800 penalty units, or. 25 years jail and/or 3,000 penalty units for trafficking a commercial quantity of an illegal drug. The maximum penalty for a person under 18 years old is 20 years in jail and/or a fine of up to 2,400 penalty units.
You can appeal to the County Court against the: conviction – the magistrate ’s decision to find you guilty. sentence – the penalty or other sentencing order the magistrate gave you. The appeal involves: lodging paperwork. going to the County Court for an appeal hearing. Get legal advice before lodging an appeal.
If you are pleading not guilty, get legal advice before the contested hearing. For more information visit our page Going to court – pleading not guilty. Possible defences. You may have a defence if it was an honest and reasonable mistake that you thought you could drive. The magistrate will decide if they think you made a reasonable mistake.
A lawyer will help you understand your case and what your options are. You can get legal advice about what the charges mean, if you should plead guilty or not guilty, and how to prepare for the hearing. Even if you want to plead guilty, seeing a lawyer can help you present a better case. See other support for traffic offences. Going to court
The CMIA is based on two fundamental legal principles: everybody is entitled to a fair trial. people should only be punished for behaviour for which they are 'criminally responsible'. Applying these two principles sometimes means that people who suffer from serious mental health conditions or cognitive impairments and commit crimes need to be ...
