Do I Have to Attend Court?

One of the first questions many people ask after being charged with a criminal offence is, “Do I actually have to go to court?”

The answer is: it depends.

Some court appearances require you to be there in person. In other cases, your lawyer may be able to appear on your behalf without you attending. Whether you need to attend depends on the type of offence, the stage of the proceedings and any directions made by the court.

If you simply decide not to attend court without first obtaining legal advice, the consequences can be serious.

Is my attendance always required?

No.

There are many criminal matters where a lawyer can appear on your behalf, particularly for procedural hearings such as mention hearings or administrative adjournments.

However, there are also many situations where the court expects you to be present.

Because every case is different, you should never assume your attendance is unnecessary. If you have received a court date, speak to your lawyer well before the hearing.

When can a lawyer appear for me?

Depending on the circumstances, your lawyer may be able to appear on your behalf for:

• Mention hearings.

• Administrative adjournments.

• Filing applications.

• Some procedural court appearances.

If your lawyer has your instructions and the court permits them to appear without you, you may not need to attend.

Many clients find this particularly helpful if they:

• Live interstate.

• Live a significant distance from the court.

• Have work commitments.

• Have medical issues.

• Experience anxiety about attending court.

Your lawyer can advise whether your attendance is required for your particular matter.

When will I usually need to attend?

You will be expected to attend court if:

• You are entering a guilty plea.

• Your matter is proceeding to a contested hearing.

• The Magistrate has directed that you attend.

• The court needs to speak directly with you.

• You are required to give evidence.

• Your bail requires you to attend.

If you are being sentenced, it is important for the Magistrate to see you in court. Your appearance demonstrates respect for the court process and allows the Magistrate to address you directly before imposing sentence.

Can I appear by phone or video?

Sometimes.

In appropriate cases, the court may permit a person to appear by audio-visual link or telephone.

This is more common where:

• You live a long distance away.

• There are medical reasons preventing attendance.

• There are exceptional personal circumstances.

• The appearance is procedural rather than substantive.

These arrangements generally need to be organised in advance. You should not assume that you can simply call the court on the day of your hearing.

What happens if I don’t attend?

If you fail to attend court when you are required to do so, several things can happen.

Depending on the circumstances, the court may:

• Adjourn your matter.

• Deal with your case in your absence.

• Issue a warrant for your arrest.

• Revoke your bail.

• Require you to explain why you failed to attend.

If a warrant is issued, police may arrest you and bring you before the court.

Simply forgetting the court date or assuming you did not need to attend is unlikely to be accepted as a sufficient excuse.

What if I’m sick?

If you are genuinely unable to attend because of illness, contact your lawyer immediately.

If you are not represented, contact the court as soon as possible.

Depending on the circumstances, the court may require:

• A medical certificate.

• Evidence explaining why you cannot attend.

• An application for the matter to be adjourned.

Do not wait until after your court date has passed before notifying the court.

What if I live a long way from the court?

Distance alone does not automatically excuse you from attending.

However, if you live interstate or several hours from the court, your lawyer may be able to appear on your behalf for certain hearings or make arrangements for you to appear remotely where appropriate.

The earlier these arrangements are made, the better.

What if I’m nervous about going to court?

This is completely understandable.

Many people appearing before the Magistrates’ Court have never been inside a courtroom before.

If you have a lawyer, they will explain the process beforehand, speak on your behalf and guide you through the day.

Knowing what to expect often makes the experience much less stressful.

Practical tips if you have to attend

If you are required to attend court:

• Arrive at least 30 minutes early.

• Dress neatly and respectfully.

• Bring all of your court documents.

• Switch your phone to silent before entering the courtroom.

• Listen carefully when your matter is called.

• Be polite to court staff, police and the Magistrate.

• Follow any directions given by your lawyer.

Remember that court lists are often busy. Even if your hearing only takes a few minutes, you should expect to be at court for several hours.

Why you should ask before deciding not to attend

One of the biggest mistakes people make is assuming that because their lawyer is involved, they no longer need to attend court.

That is not always the case.

Sometimes your lawyer can appear without you.

Sometimes your attendance is essential.

Rather than making assumptions, contact your lawyer before the hearing so you know exactly what is expected.

Frequently Asked Questions

Can my lawyer go to court without me?

Often, yes. For many procedural hearings, your lawyer may be able to appear on your behalf. Whether this is possible depends on your charges, the stage of the proceedings and the court’s requirements.

Will I have to attend if I’m pleading guilty?

Usually, yes. The Magistrate will generally want you to be present when your matter is being sentenced.

What happens if I don’t attend court?

If your attendance is required and you fail to appear, the court may issue a warrant for your arrest, revoke your bail or deal with the matter in your absence.

Can I attend by video?

In some circumstances, yes. Remote appearances are sometimes permitted, but they usually need to be approved by the court beforehand.

Unsure whether you need to attend?

Every criminal case is different. Before deciding not to attend court, obtain legal advice.

A criminal defence lawyer can tell you whether your attendance is required, whether they can appear on your behalf, or whether alternative arrangements such as a remote appearance may be available. Getting advice beforehand can save you unnecessary stress and help you avoid the serious consequences of missing a required court appearance.

If you have been charged with a criminal offence or have Criminal Hearing at the Ballarat Magistrates Court, obtaining early legal advice is important. Wilkinson Lawyers provides representation in criminal law matters throughout Ballarat and regional Victoria, including:

• Ballarat;
• Bacchus Marsh;
• Maryborough;
• Ararat;
• Stawell;
• Horsham;
• Geelong;
• Bendigo;
• Warrnambool and
• Melbourne metropolitan courts; including Melbourne, Sunshine, Wyndham, Broadmeadows.

Contact Jess Wilkinson on 0468 364 121 or jess@wilkinsonlawyers.com.au to discuss your matter and obtain advice about the best way forward.