If you plead guilty, you are agreeing that you committed the offence that you have been charged with. If you plead not guilty, you are disagreeing that you committed the offence that you have been charged with or that you agree that you committed the offence, but you believe you have a valid defence.
If you plead guilty, you are agreeing that you committed the offence that you have been charged with. You are able to provide the Court with the circumstances surrounding why you committed the offence and the Court can take this into consideration when considering the penalty you will be given.
The prosecutor (most cases in the Magistrates Court are prosecuted by the police) will then give the court a summary of the facts surrounding the offence. The presiding magistrate will then ask if you want to say anything about the matter. When talking to the magistrate you should address him or her as “your Honour”.
If you have already had legal advice (or you don’t want legal advice), your matter can usually be finalised at the first hearing. You may be convicted, or the magistrate may find the charge proved without recording a conviction. With or without a conviction, a penalty is usually imposed. The penalty may be a fine, good behaviour bond, community service order and/or (for driving-related offences) disqualification of your driver’s licence.
Usually you will also be ordered to pay:
- Court costs – these will vary depending on whether there is one offence, or two or more offences on the same charge sheet
- Criminal Injuries Compensation levy – this is a mandatory cost and cannot be waived by the Magistrate
- Prosecution costs – the amount can vary depending on the circumstances
- Compensation – if as a result of your offence, someone is out of pocket – eg, you have damaged someone’s property
For offences which may incur a penalty of imprisonment, it is unlikely that your matter will be dealt with on the first occasion or without legal representation.
If your matter cannot be finalised on the first occasion, your case will put off to another date. This is called an adjournment. If you are on bail, it is called being remanded to another date. Remand or adjournment, it is important that you know and remember the next date you have to appear. Usually the Sheriff’s Officer or court officer will give you a note with the next date on it. If that doesn’t happen you should ask the court staff for a written note of the date.
If you plead not guilty, you are disagreeing that you committed the offence that you have been charged with or that you agree that you committed the offence, but you believe you have a valid defence. It is important to get legal advice to ensure that your defence is a valid one.
If you are pleading not guilty, your case will be set down for a pre-trial conference (PTC).
What is the purpose of a pre-trial conference?
The purpose of a pre-trial conference is to:
- find out what facts or legal issues are in dispute
- fully explore the possibility of dealing with the charge other than by way of trial
- enable the length of the trial to be estimated as accurately as possible
- decide if any evidence can be proved by affidavit (ie, by using sworn written statements of witnesses as opposed to oral evidence given in court)
- if a trial cannot be avoided, ensure that it ultimately runs as smoothly as possible.
If your case cannot be settled by the pre-trial conference or by subsequent negotiations with the prosecution, it will be set down for trial.
See pre-trial conference (PTC) for further information.
Committal Hearings
The Magistrates Court can hear, determine and sentence on charges for offences which are defined as summary offences or indictable offences. The definitions are contained in the Summary Procedure Act 1921. While the definitions are complicated, these are generally offences which carry a maximum of five years imprisonment.
For serious offences where the penalty can exceed five years imprisonment, the Magistrates Court conducts a preliminary examination to determine if there is enough evidence to put the defendant on trial in a higher court. This preliminary examination is called a committal hearing. If the magistrate determines that there is enough evidence to sustain the charge, the defendant is committed to stand trial in either the District Court or the Supreme Court, depending on the seriousness of the charge.