Your first appearance in the Magistrates' Court can be a nerve-wracking experience, whether or not you are a lawyer, so we share a few tips to help you through it.
- Switch your mobile phone off. Even on "silent", the signal will interfere with the recordings and may be picked up by the court microphones.
- Do not wear sunglasses or a hat in the courtroom.
- Do not make notes or recordings in the courtroom without permission, unless you are at the Bar table during your case. This can be contempt of court.
- Take your diary to check your availability for any further appearance. If you have engaged a lawyer who cannot attend for this appearance, take their unavailable dates with you to court.
- When you arrive at court, report to the orderly, who will usually be inside the courtroom. State which matter you are dealing with. They will tell you whether to wait inside or outside the courtroom.
- Bow to the Magistrate when you enter or leave the courtroom.
- Do not attempt to sit at the table closest to the Magistrate's bench - it is for the Clerk.
- The next table is the Bar table from which you and the other party will address the court. This is not where evidence is given.
- The next table (or tables) is reserved for lawyers waiting for their cases to be called. You have to be a lawyer to sit here.
- If the Orderly asks you to wait inside the courtroom, wait in the public gallery at the back of the courtroom or wherever the Orderly asks you to wait.
- When your case is called, make your way to the front table. Your position on the table will vary. Generally, you sit on the right if it is your application. However, in courts with dock access to the holding cells, the Prosecution will sit at the end of the Bar table furthest from the dock for safety reasons.
- Sit down and wait until the Magistrate looks at you (to indicate readiness). Then stand and identify yourself.
- When the Magistrate addresses you, stand up. Failure to do so can be contempt of court. Although unlikely, it does annoy Magistrates and you want to avoid that.
- Address the Magistrate as "Your Honour".
- Do not interrupt the Magistrate at any point.
- Be respectful to the Magistrate at all times.
- If you wish to speak, stand up - but you should try to do this only when the other person has stopped speaking.
- Do not leave the courtroom until the Orderly has given permission. They may need to give you paperwork before you leave.
Even seemingly simple matters can become complex. If in any doubt, seek initial legal advice before that first appearance at Court.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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