If you’re charged with a traffic or criminal offence, you may have a mention date in the Magistrates Court. So, what is a mention in court? To put it simply, it’s a brief court appearance between you, or your lawyer, and the prosecutor. The purpose is to advise the court what is happening with the proceedings of your case. Since there might be negotiations, requests for disclosure of evidence, or your matter is required to proceed to a high court, you could have multiple mentions during your case.
The types of offences that have a mention in court in Queensland are numerous. For serious offences, defendants are tried by a Judge and Jury instead of a Magistrate. All offences start in the Magistrates Court, then could proceed to either the District Court or Supreme Court depending upon the seriousness of the charge.
Do I need to attend my court mention?
You may have received your court mention as a Notice to Appear (NTA) or complaint and summons. This will outline the charge against you and the time and date you must appear in court.
You must not miss a mention in court, however, if you’re legally represented your lawyer will appear on your behalf. In circumstances where you are required to attend, your lawyer will let you know. Your first court mention can significantly affect your case outcome so it’s important to get legal advice as soon as you have been charged with an offence.
What happens at a court mention?
When you attend a court mention, there will be other cases happening on the same date. Your mention is a short appearance at the beginning of your case which may or may not be resolved on the day. When the Magistrate enters the room, you will be asked to stand until after they take their seat. Each case will then go through the following steps.
- The Magistrate will ask what is happening with your matter.
- Your matter may be adjourned so your lawyer can make submissions on your behalf to the prosecution, or request that the prosecution disclose further material. If this happens, another mention will be listed.
- If you enter a plea of guilty, the Magistrate will record your plea and either sentence you that day or adjourn your matter for a sentence date.
- Next steps are discussed.
As other cases will be heard on the same date, it’s hard to predict how long it will take. If you’re attending a court mention with your lawyer, always arrive early and allocate the whole day.
What happens after a mention in court?
What happens after a mention in court depends on your plea. If you plead guilty, the Magistrate will decide your penalty based on factors such as age, employment, criminal or traffic history, remorse and prospects of rehabilitation. If you plead not guilty you will receive a summary hearing date which may include more mentions prior in preparation. For more time to consider your plea, you can ask for an adjournment which moves your court date.
If you’re charged with an offence and given a court mention date, seek legal advice for a fair outcome. Our lawyers are experienced in a range of matters and are here to help you navigate the process. Get in touch for a free confidential discussion about your case.