Going to Court – What to Expect

Being charged with a driving offence and told to attend court can feel daunting, especially if you’ve never been to a Magistrates’ Court before.

This blog explains what typically happens when you attend court for the first hearing after being charged with a summary-only motoring offence such as drink driving, drug driving or failing to provide a specimen for analysis.

Before You Go to Court

Check your charge sheet carefully. The charge sheet you received from the police or prosecution contains important information, including:

• The date of your hearing
• Whether it is listed in the morning or afternoon
• The court address
  
  

Morning lists usually start at 10:00am and afternoon lists start at 2:00pm. If you have instructed us to represent you, you can simply send us the paperwork and we will confirm the arrangements for you. 

Arrive early

You should aim to arrive at court at least 30 minutes early. This gives you time to:

• Pass through security
• Find the correct courtroom
• Speak to your solicitor (if you have one)
  
  

Courts operate airport-style security, meaning queues are common. You can expect security to search your person and any bags you have brought with you. 

Dress appropriately

There’s no formal dress code but first impressions matter. You should dress as smartly as possible. This shows respect for the court and can make a positive impression. 

When You First Arrive at Court

Inside the court building you will see a court list (usually on a screen or noticeboard). This will show:

• Your name
• Your case number
• The courtroom where your hearing will take place
  
  

Once you’ve found your courtroom, make your way to the waiting area outside.

The Pre-Hearing Conference

If you have asked Verida Legal to represent you, we will:

• Meet you at court
• Invite you into one of the interview rooms
• Hold a detailed conference with you before the hearing
  
  

During this conference we will:

• Go through the evidence
• Explain what will happen in court
• Confirm your plea
• Answer any questions you have

If you are unrepresented, you should wait in the waiting area for the court usher. In some cases, you may qualify to speak to the duty solicitor. If so, be aware that:

• They will be dealing with many people
• There may be a significant wait
• Any discussion is usually brief

Inside the Courtroom

When your case is called on, you will be brought into the courtroom. You will be asked to:

• Confirm your name
• Confirm your address
• Confirm your date of birth
• Confirm your plea (either guilty or not guilty)
  
  

If you face more than one charge, you must enter a plea to each offence separately.

If you are represented by us, your role is largely done at this point. We will do the rest of the talking for you. If you are defending the charge, this will usually involve:

• Explaining the legal basis of the defence
• Completing the Preparation for Effective Trial (PET) form
• Assisting the court with case management
• Dealing with disclosure, witnesses, and directions

If you are representing yourself:

• You will be expected to deal with the hearing personally
• The legal adviser or magistrates may assist you to a limited extent
• If you plead guilty, you will usually be asked if there is anything you wish to say in mitigation.
• If you plead not guilty, your decision is likely to be scrutinised carefully and you will be expected to engage with the court on procedural matters.

What Happens Next?

If you plead guilty, the court will normally proceed to sentence you, either immediately or after hearing mitigation.

If you plead not guilty, the court will:

• Set directions
• Fix a future hearing date
• Ask about any witnesses you intend to call
• Ask which prosecution witnesses can be agreed or are disputed
  
  

This stage is crucial and mistakes can seriously affect your case.

After the Hearing

It’s very important to:

• Remember any directions made by the court
• Note the date of the next hearing
  
  

If you are represented, your advocate will take detailed notes for you. If you are represented by Verida Legal, we will also:

• Hold a further conference with you after the hearing
• Explain exactly what happened
• Set out the next steps clearly

Our Advice

Our strong advice is that everyone should be represented at court. The consequences can be serious and early mistakes are difficult to undo.

If you’ve been charged with a motoring offence and are due to attend court, get in touch with us. We offer free initial advice and specialise exclusively in defending driving charges.