Going to Court: What to Expect
Almost nobody is told the practical part. Where to stand, what to call the magistrate, how long you will wait, and what you are allowed to ask for.
Most first appearances in a Queensland Magistrates Court are mentions rather than hearings: the matter is formally listed, and it is usually adjourned so the prosecution material can be obtained and advice taken. You are entitled to ask for that adjournment. Magistrates and judges are addressed as "Your Honour", a duty lawyer may be available at the courthouse on the day, and recording proceedings is prohibited.
Before the day
The single most useful thing you can do is confirm where and when. Court locations and start times are published by Queensland Courts, and matters are commonly listed for a 9.00am or 9.30am start with everyone on the list called at once — so being listed at 9.00am rarely means being heard at 9.00am. Expect to wait, and arrange the day accordingly rather than booking something for mid-morning.
If you need an interpreter, ask the registry in advance rather than on the day; an interpreter is arranged by the court and cannot be produced at short notice. If you have a disability or a health condition that affects your ability to attend or participate, tell the registry beforehand — adjustments are ordinarily made, but only if someone knows.
Bring the documents. That means anything you were served with, your identification, and any material you have been asked to produce. If you have a lawyer, bring what they asked for; if you do not, bring everything and let someone sort it out at the courthouse.
On the day
Courthouses have security screening at the entrance, similar to an airport. Allow time for it. Dress as you would for something serious and formal — no one is judged on the cost of their clothes, but a magistrate does notice apparent indifference.
Phones must be switched off, not merely silenced. Recording, filming or photographing proceedings is prohibited and is treated seriously; so is publishing anything you have recorded. Food and drink are not permitted in the courtroom.
What a mention actually is
A mention is an administrative step, not a trial. The matter is called, the court establishes what stage it is at, and directions are made about what happens next — usually that the prosecution provide their material and the matter return on a later date. Most first appearances end within a few minutes of being called.
That brevity is why the pressure to resolve things on the spot should be resisted. You will not have seen the evidence at a first mention. Pleading guilty to finish it quickly can forfeit applications that must be made in the same proceeding as sentencing — a work licence in a drink driving matter is the clearest example. Our note on what happens at a first mention sets this out at greater length.
If you simply do not attend, the court can proceed without you. In criminal matters a warrant can issue for your arrest; in civil and protection order matters an order can be made in your absence on the material before the court. If you cannot attend on the date, that is something to raise with the registry or through a lawyer beforehand, not afterwards.
Who else is in the room
Queensland courts are open to the public unless a specific order or statutory provision closes them, so there will usually be other people present waiting for their own matters. Some proceedings — particularly those involving children, or certain domestic violence matters — are subject to restrictions on publication or attendance.
You may bring a support person, and for most people that is worth doing. They will generally sit in the public seating rather than at the bar table, and they cannot speak for you unless the court permits it.
Court practice, listing arrangements, security requirements and duty lawyer availability differ between courthouses and change from time to time. Confirm the current position for your court with Queensland Courts before attending. See sources 1 and 3.
Further sources for the Knowledge Hub as a whole are listed on the hub source list.
