A “mention” is the first time that a legal matter is heard in a courtroom. If you receive a Court Attendance Notice (CAN) from a police officer, it will state what court you must attend and the date and time you must be there.
The purpose of the first mention is for the court to find out whether you want to plead guilty or not guilty to the offence(s) listed on the CAN.
What happens at a court mention?
When you arrive for your mention, you will appear before a Magistrate or Registrar.
If you have legal representation, your lawyer may use the mention as an opportunity to enter a plea or to seek an adjournment before indicating a plea, in order to obtain your instructions and provide you with proper legal advice.
If that adjournment is granted, then the matter will be before the court for a second mention, at which your lawyer may indicate your plea.
If you do not have legal representation, you may state this at your mention and seek an adjournment in order to obtain a lawyer and receive advice. The Magistrate or Registrar may ask you how long you think you need, and why. If, for example, you have an appointment to see a lawyer in a week’s time, then you can say this to the Magistrate or Registrar, and say that you will need at least a week in order to give you enough time to speak to your lawyer and obtain advice.
You may also seek an adjournment if you need time to attend an intervention program or counselling. This is also something the Magistrate or Registrar can take into consideration when setting a later date for another mention in your matter, or for sentencing.
Pleading guilty
If you are pleading guilty, you are stating to the court that you agree with the allegations against you and that you committed the offence/s. If there are multiple offences, pleading guilty means you are agreeing with all the charges on the CAN, the allegations against you, and the police’s version of events stated in their Fact Sheet.
If you plead guilty, you have the option to proceed to sentence on the same day. If, however, the Magistrate requests a “Sentencing Assessment Report” or any other reports in order to sentence you, the matter will be adjourned to provide enough time for Community Corrections to arrange to speak with you and then prepare the report.
Alternatively, you can enter a plea of guilty and adjourn your matter for sentencing on another date. This may give you and your lawyer enough time to prepare letters of apology, character references, and any other materials the Magistrate ought to consider in assessing your circumstances and applying the appropriate penalty.
Pleading not guilty
If you plead not guilty, you are stating to the court that you disagree with the allegations against you, that you did not commit the offence/s, or that you have a defence.
At your mention, the matter will be adjourned and a date will be set for a defended hearing.
The court will order the police to serve a Brief of Evidence on you. Another court date (mention) will be set to give you and your lawyer time to read the Brief of Evidence and determine how many witnesses you wish to call on the day of the hearing and how long the hearing is likely to go for.
Some things to remember
You can check the NSW Courts Online Registry to see where and when your matter is listed for mention.
Even though your case may be listed at a certain time, you should arrive at the court at least half an hour earlier to find the courtroom in which your case will be heard.
If you think you might be late, you should ring the court registry and let them know immediately. If you are not there, the court can decide your case without you being present. In certain circumstances, the court can also issue a warrant for your arrest to have you brought to the court.
If you are on bail, it will likely be a condition of your bail to physically attend your mention. It is imperative that you comply with any bail conditions.
If you are unrepresented, it will be difficult to predict how long you will be required to be in court for a mention, so it may be appropriate to make arrangements with your work or childcare in the event that you are there for the majority of the day.
There are often many cases listed on the same day and you will have to wait until your name is called. If you do not have legal representation, you can take a seat in the courtroom, or if the courtroom is full you can wait outside making sure you stay close enough to hear the court officer call your name.
How can we help you?
Nyman Gibson Miralis provides expert advice and representation in all criminal and traffic law cases, including court mentions.
Contact us if you require assistance.
