If you plead guilty your case may go ahead on the same day. Your case may be put off to another day (adjourned) if the charges are serious and you need more time to prepare.
What is pleading guilty?
Pleading guilty means that you agree that you broke the law.
If you are pleading guilty, your case can happen on the same day. Your case may be adjourned (put off) to another day if your charges are serious and you need more time to prepare.
Can I adjourn today’s hearing?
You can ask the magistrate to adjourn your case if you have a good reason. For example, you want to ask police about diversion or you want to get a lawyer.
If you have not adjourned your case before and you are on summons, you may be able to adjourn your case from the counter without going into court.
Help before court
If you have a future court date, you may be eligible to get help to prepare before you go to court. You can ask for help online.
What to do at court
See also Representing yourself in a criminal case.
Arriving at court
You will be screened and may be searched when you go to court. Do not bring anything into court that may be used as a weapon, such as a pocket-knife, fork, or other sharp object. Check your pockets and bag before you enter. If you carry something that could be used as a weapon into court, you could be charged and face serious penalties. If you are on bail this may also breach your bail conditions.
On the day of your hearing, go to the court counter and tell the staff that you are pleading guilty. The court staff will send your file into the courtroom. This lets the magistrate know that your case can be heard.
Stay close to the courtroom or go in there and wait for your name to be called. This may take a while If you wait in the courtroom, you can watch how other matters are heard.
Make sure you bow to the magistrate as you go into the courtroom.
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.
If you plead guilty the magistrate treats your plea as a sign that you are co-operating and may give you a less severe penalty.
Your case may be put off to another day (adjourned) if the charges are serious and you need more time to prepare.
If you have to go to court for a criminal offence you have three options:
- ask for diversion
- plead not guilty
- plead guilty.
If you have been charged you with an indictable offence that is triable summarily, the magistrate then asks you if you want your case heard in the Magistrates’ Court or the County Court. People usually choose the Magistrates’ Court. You should speak to a lawyer if you want your charges to be heard in the County Court. See Serious criminal charges.
The prosecutor reads out the summary
The prosecutor reads out the statement of alleged facts. This comes from the brief of evidence. The magistrate asks you if you agree with the statement or if it is a fair account of what happened.
If there is something major that you do not agree with, tell the magistrate.
If you agree with the summary, the magistrate says ‘I find the charge proved’.
The prosecutor reads out your prior convictions
The magistrate asks the prosecutor if there is anything ‘known’ or ‘alleged’ (your prior convictions). They are asking if the prosecutor wants to say anything about any previous times you went to court. If you are guilty of similar offences, and if the magistrate finds you guilty this time, they will probably give you a harsher sentence.
The priors should be in the brief of evidence, if not you can get a copy of your priors from the prosecutor.
If there is anything you do not agree with, tell the magistrate. If you disagree with or do not remember one of the entries on your record, usually your case would need to be stood down so that you can sort it out with the prosecutor.
You get a chance to speak
If you plead guilty the magistrate treats your plea as a sign that you are co-operating and may give you a less severe penalty.
The magistrate asks if you want to say anything. Although you accept that what you did was against the law, this is a chance to give your side of the story. This can be important in helping the magistrate decide on the penalty they give you.
Even if you are pleading guilty you can disagree with some of the things the police say happened. You cannot plead guilty but say that you did not break the law.
What can I tell the magistrate?
You might like to tell the magistrate about:
- the people who are supporting you at court (if you have people to support you). The magistrate may ask them questions
- how and why the offence happened. Explain your actions, do not excuse them
- anything you have done to make up for the offence or to accept responsibility for it. For example, paying for damage caused, co-operating with the police or apologising to the victim.
- what you learned and how you feel about what you did
- what you are doing to stop the behaviour happening again. For example, sorting out any drug or alcohol problems or seeing a counsellor or a social worker.
- personal information, including how old you are, your family situation, if you are working or studying and any personal problems that may explain your situation.
- your financial situation, including, your income, rent or mortgage, and car or other large loans.
Let the magistrate know if you might have trouble paying the fine. There are options. You can ask the magistrate to:
- make a plan for you to pay it bit by bit
- give you community work instead of a fine
You can also tell the magistrate why you need to keep your licence (if it is a traffic offence). For example if you need to use your car as part of your work or to pick up your children.
You can also give the magistrate documents, such as character references, that you have brought along. However, you must show these documents to the prosecutor first.
The magistrate announces the sentence
After listening to you, the magistrate announces your sentence. Ask the magistrate if you do not understand the penalty and what you have to do. For some offences, the magistrate must give you certain penalties. The magistrate has no discretion.
What penalties will I get?
This depends on the offence that you have been found guilty of. For some offences the magistrate has no choice and must give you a penalty. The magistrate may:
- refer the matter for diversion
- find the offence proved but dismiss your case without
a penalty - give you an adjourned undertaking
- give you a fine
- adjourn your sentence to another date
- put you on a community corrections order
- send you to jail immediately.
The magistrate may give you more than one penalty. The magistrate can make other orders, including:
- disqualifing you from driving or suspend your licence
- immobilising or impounding your vehicle or forfeiture (where you have to give up your vehicle permanently)
- taking away or destroying items from the charges. For example, drugs or weapons
- making you pay money to the victim
- making you report to a police station to give a forensic sample. For example, a swab of DNA.
Will I get a criminal record?
Yes. What happens in court goes on your criminal record. This includes the finding of guilt, a conviction, if there is one, and penalties. A criminal record may affect you in future. For example, getting a job or travelling overseas.
What should I do after my hearing?
Make sure you know what your penalty is. Go to the court counter and ask the staff for a copy of the court order. Your penalties will be listed in this. The staff may be able to explain what the penalties mean.
Make sure you follow what is in the court order. You could get in more trouble if you do not stick to the order.
How do I pay a fine?
You can pay the fine at any Magistrates’ Court. Go to the court counter and ask the staff for help.
Let the magistrate know if you might have trouble paying the fine. There are options. You can ask the magistrate to:
- make a plan for you to pay bit by bit
- give you community work instead of the fine.
If you do not pay, the court can issue a warrant for your arrest.
Can I appeal the magistrate’s decision?
If you do not agree with the decision you can appeal to the County Court. You have 28 days to do this. Get legal advice before you decide. You could get a higher penalty.
Visit Rehearings and Appealing a Magistrates' Court decision.
Other support
For more information, support and referrals, visit:
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