Going To Court And Court Etiquette

All Courts in New South Wales have certain etiquette and conduct that must be respected. This article provides an overview of Court etiquette and what to expect when attending Court in New South Wales. 

Punctuality / Arriving on Time:

When attending Court for your matter, it is important that you arrive on time. It is recommended to arrive early at Court to familiarise yourself with the Court building, locate the Court room for your matter and to meet with and speak to your lawyer before Court starts. 

While most Court matters are listed to commence at 9:30am, this does not mean that your case will definitely be heard at 9:30am on the dot. You are still required to be at Court at that listed time.  There will often be hundreds of matters listed that day which the Court will need to deal with. The Court Officer will usually do a round of the Court room and take down the names of people in attendance to create a list for the Magistrate of the matters to be called. You may be required to wait at Court for most of the day.

If the defendant is not before the Court when the Magistrate calls the matter a warrant may be issued for their arrest, or the Magistrate may convict and sentence the defendant in their absence. If an applicant for an AVO or Licence appeal is not before the Court when the matter is called, the Magistrate may dismiss the application. 

The New South Wales Court Lists website is a useful resource to locate important information about a case – NSW Online Registry Court Lists . 

Dress Code:

As Court proceedings are serious, persons attending Court are expected to dress appropriately. A person attending Court (whether they are attending for themselves or to support someone else) should wear clothes that are neat, clean and conservative. 

Some recommendations for items of clothing to wear to Court include long trousers and long-sleeved shirts, skirts or dresses (long or knee length) and dress pants, closed toe shoes and a blazer or smart jacket. 

Some items to avoid wearing to Court include singlets or strapless tops, clothing with provocative or offensive slogans or graphics, work wear (such as site clothing or high vis gear), ripped clothing, short or skin-tight skirts or dresses.

Entering the Court Room:

Bowing Upon Entering and Exiting

Court etiquette requires any person entering or leaving the Court to bow towards the Coat of Arms on the wall behind the Magistrate / Judge as a sign of respect to the legal system and the Court. 

If the Magistrate or Judge is not on the bench when the Court room opens, the Court officer will knock three times to announce when the Magistrate or Judge is taking the bench. After the three knocks the Court officer will say, “Silence, all rise” which requires everyone in the Court room to stand and remain silent. Before the Magistrate or Judge takes their seat, they will bow to the Court room, and the members of the Court will bow back before the Court Officer declares that the Court is now in session.

General Court-Room Conduct

Persons must always behave in an orderly and respectful manner when entering and inside a Court room. When entering and inside a Court room, a person should:

• Turn off mobile devices, 
• Do not speak unless instructed by the Magistrate or Judge, 
• Do not eat or drink, 
• Remove hats or sunglasses,
• Never record or publish any part of the proceedings.

Addressing the Court:

When the Magistrate or Judge is ready to deal with your matter, they will call your name or matter number. Depending on the Court room you may stand and speak from the galleries or brought forward by the Court Officer to a microphone when the Magistrate or Judge is speaking to you. 

When speaking to the Court:

• Always call the Magistrate or Judge, “Your Honour”,
• Speak clearly and slowly,
• Always be polite and respectful when addressing any person or party in the Court room – such as the lawyer for the other party or the Police Prosecutor,
• Do not ask for legal advice from the Magistrate or Judge – they cannot give you legal advice, legal advice can only be given through a lawyer. 

Understanding of the Matter:

The Magistrate or Judge will expect that you have an understanding of your matter (such as the charges or allegations, whether you plead guilty or not guilty and any Police or other party documents) and the purpose for the Court attendance (such as a procedural mention, sentence, hearing, bail application etc). 

Depending on the purpose of the attendance the Magistrate or Judge will ask questions about the status of the matter, what pleas are being entered, case management details such as number of witnesses and requirements for hearing, whether an adjournment is sought or the matter is ready to proceed. 

If you are appearing self-represented, it is expected that you understand your matter and can provide clear and informed instructions to the Court. If you have a lawyer representing you, they will be fully equipped with the important details and advise the Court on your behalf.