Whether you are a victim, a witness or a defendant, going to court can be a daunting and stressful experience. However, you should not be afraid to go to court.
The following information is available to help you understand what happens when you go to court.
The level of court a matter is heard in depends on the seriousness of the crime.
There are also special courts to meet the needs of specific categories of offenders—such as children—and to establish specific facts—such as the Coroners Court, which may investigate a death.
Some court services can be performed online—check if you are eligible to use these online services.
If you are a party to a criminal case, the Criminal Case Lookup will allow you to find information about your upcoming court events.
What's on in which court?
The daily law lists tell you what cases are being heard in which level of court in all Queensland locations each day.
The daily law list also has useful information for jurors; both those summonsed—asked to attend court as a juror—and empanelled jurors—people already serving on a jury.
The law lists are updated daily no later than 6pm.
Going to court as a witness or victim of crime
You may be asked to attend court as a witness if you have information—if you saw or heard something relevant to the case or were involved in the events in some way—that will help the court come to a fair decision. Victims of violent crime are very important witnesses.
You may also be asked to go to court as an expert witness—such as a doctor or engineer—to provide advice about the evidence presented.
You can be asked to appear as a witness for the prosecution or the defence. In either case you may be asked questions about what you know by both the defence and prosecution lawyers. This is to ensure the facts presented about the crime are correct.
If you have documents relevant to the case, you may be asked to bring these with you too.
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Before a hearing or trial in court, the defendant may apply for bail. People who are allowed bail can go free as long as they sign a bail undertaking to turn up on further court dates and abide by any conditions that the court has set.
Wherever possible, the police should let witnesses know of any bail applications. If the defendant is allowed bail, the police should let you know what the conditions are.
If you are worried about the accused being granted bail, you need to tell the police as it may be possible to oppose bail. If you fear for your safety or your family's safety, you should call the local police station immediately so action can be taken.
You may be legally ordered to go to court as a witness, particularly if you are a witness for the prosecution. This is called a ‘summons’ if you are needed as a witness in a Magistrates Court, or a ‘subpoena’ if you are called as a witness in a District or Supreme Court.
If you are summonsed or subpoenaed and do not attend court, you may be found guilty of contempt of court and a warrant may be issued for your arrest.
If you get a summons or subpoena to go to court, it should tell you the day the trial is due to start. If you are unsure when to go to court, contact the person who has requested you to appear as a witness—their details should be on the summons or subpoena.
If you are a victim of crime, your victim liaison officer or the prosecutor will tell you when to go to court.
If you are appearing as a witness for the defence, the defence lawyer will normally tell you when to go to court.
You will be met by the person who has asked you to attend court—normally the defence or prosecution lawyer—and they will take you to an area outside the courtroom to wait. Some courthouses have secure waiting rooms for witnesses.
You are not allowed into the courtroom until you are called to give your evidence. You shouldn’t talk to other witnesses about the case before you and they have given evidence.
You will be called to give evidence by a court official, called a court services officer in a Magistrates Court or a bailiff in a District and Supreme Court. They will ask you to go into the witness box and take an oath or affirmation—a promise—that what you say is the truth. The witness box is where you will give your evidence.
The lawyers for the defence and prosecution will then ask you questions about what you know. Only answer the questions they ask you; take your time, keep calm and answer each question clearly. If you don't understand a question or you didn’t hear it properly, ask them to repeat it. If you feel upset or distressed, pause—you can ask for a break if you need to. Continue with your evidence only when you are ready—it’s important everyone in the court hears and understands your evidence.
Always tell the truth when you answer questions. It is a crime (perjury) to lie in court.
When you finish giving evidence you will be released from your oath and asked to stand down and leave the witness box. You may continue to watch the trial from the public gallery if you wish.
If you are victim of violent crime, you can make a victim impact statement. This is a written description of how the crime has affected you.
If you are charged with a criminal offence, you are known as the ‘defendant’ or ‘accused’. In a civil matter you may be known as the ‘litigant’.
You are considered innocent until proven guilty beyond reasonable doubt.
Whatever offence you are charged with you should get advice as soon as possible from a lawyer. They can help you and can advise on how you should plead—guilty or not guilty.
You don’t have to have a lawyer when you go to court—you can represent yourself in any of Queensland’s courts.
Whichever court your case is being heard in, you are strongly advised to get legal advice—particularly about complex legal matters—before your case is heard.
It is very important that you don’t miss your court appearance; if you do, a warrant may be issued for your arrest.
Your lawyer can tell you when to go to court or you may receive a notice or summons to appear which details what you are charged with, and when and where you need to go to court.
You can also look up when and where your case is being heard in the daily law list.
You should go to the courtroom where your case is being heard in good time. There are noticeboards and television screens in courthouse foyers telling you in which court cases are being heard and when. You can also ask at the registry counter. Go to the courtroom your case is being heard in.
If your case is being heard in the:
Magistrates Court, you should wait outside the court to be called
District Court, check with the bailiff as to when the judge is ready to hear your case
Supreme Court, wait inside the courtroom and check with the bailiff when the trial will start.
If you are in custody, you will be brought to court by corrective services officers or the police and will be seated in the dock, a special area of the court facing the judge next to a corrective services officer.
During your trial you should always stand whenever the judge or magistrate is speaking to you and address them as ‘Your Honour’.
You do not have to give evidence in court, however it may help your case.
If you choose to give evidence, the prosecution lawyer and your own lawyer will ask you questions. Tell the truth when you answer the questions. It is a crime (perjury) to lie in court.
Your lawyer is the best person to advise you whether to give evidence.
If you plead guilty, or are found guilty by the court, the magistrate or judge may decide on a sentence at the end of the hearing or trial. They may also adjourn (delay) the sentence to another date when a sentencing hearing will be held.
During a sentencing hearing, the lawyers on both sides will highlight factors that they think the judge should consider when sentencing you. The victim impact statement—which explains the effect of the crime on the victim—may also be taken into consideration.
When deciding on a sentence, the magistrate or judge will consider a number of factors as well as the seriousness of the crime, the penalties that the law can impose, and sentences given for similar offences. For example, they may take into account your criminal history, if you cooperated with the police, and the impact the crime has had on the victim.
The judge or magistrate will give their reasons when they hand down the sentence.
If you are a child—under 17 years old—you will usually be able to have your family with you during a hearing, trial or sentence.
If you are found guilty, you will not be sent to an adult prison—you may be sent to a youth detention centre.
Going to court as a juror
Jurors are an important part of our legal system. In most cases heard in the Supreme and District courts, the jury—made up of 12 people chosen at random from the community—decides whether the person is guilty or not.
Prospective jurors should discuss their juror notice and summons with their employer and keep them updated during their jury service. Employers need to be aware of their obligations to make their employees available for jury service.
Queensland has an open judicial system. As a member of the Queensland public, you are encouraged to see how it works. The public and media can normally watch court matters from the public gallery at the back of the courtroom.
Family members of anyone involved in the case may also watch from the public gallery.
Witnesses can only watch a trial once they have given their evidence.
If you want to watch a court matter, check the daily law list to find out what cases are taking place and go to the courtroom you wish to attend.
In special cases—for example, to protect a vulnerable witness—the judge may order a closed court, in which case you will not be allowed in.
Cases heard in the Childrens Court (Magistrates Court) are held in a closed courtroom to protect the accused child’s identity, although the child’s immediate family are allowed in court to support them.
Cases heard in the Childrens Court of Queensland (District Court) and juvenile matters in the Supreme Court Trial Division and Court of Appeal are heard in open court, unless the presiding judge orders the court to be closed. No information identifying a juvenile defendant can be published in print or online media, or via social media.
When you watch from the public gallery you are there as an observer—you should be quiet, watch and listen. You cannot take photos, record or transmit court proceedings in any way. You should also follow the formal courtroom rules, such as standing when the magistrate or judge enters the room.
