What to Do at Your First Court Hearing in a Criminal Matter in Australia

November 27th, 2025

Facing a first appearance in a criminal court can feel overwhelming. Whether your charge is listed in the Magistrates Court, District/County Court, or Supreme Court, and whether you are in Western Australia, New South Wales, Victoria, Queensland, South Australia, Tasmania, the ACT or the Northern Territory, the first hearing — commonly called the first mention — is a critical stage. This is where the direction of your case is set, early decisions are made, and your legal rights must be carefully protected.

At this hearing, the Magistrate or Judge will confirm your identity, outline the charges, and ask if you have legal representation. The court will check whether you intend to plead guilty or not guilty, or whether you need more time to obtain legal advice before entering a plea. It is also common for the court to make procedural orders about evidence (known as “disclosure”) and list a future date to progress the matter. If you are on bail or require a bail application, conditions may be reviewed at this time.

Entering a Plea: Guilty, Not Guilty, or Not Yet Ready

If you plead guilty at your first mention, the court may proceed directly to sentencing. However, if supporting material such as psychological reports or references are needed, the matter will likely be adjourned to a later date. Courts generally provide sentencing discounts for early guilty pleas, so obtaining advice early can make a meaningful difference.

If you plead not guilty, your case will move into case management. The prosecution will be required to provide the evidence they intend to rely on, including statements, CCTV, forensic material, or digital records. From there, your lawyer will analyse the evidence, request more information if needed, and prepare for trial.

Importantly, you do not need to decide your plea at the first court appearance. Many matters require legal advice and review of disclosure before a decision can be made. Asking the court for an adjournment to obtain advice is common and entirely appropriate.

Bail and Release Conditions

The first appearance also provides the opportunity for the court to consider bail. If the prosecution opposes release, your lawyer can present arguments about your ties to the community, your employment, your need to support family, and any supervision or surety arrangements available. In some cases, strict conditions may be imposed to ensure compliance while the case progresses. Getting skilled representation for a bail application can have a substantial impact on your freedom and ability to participate in your defence.

Why Early Legal Representation Matters

What happens at the first hearing can influence negotiations, bail outcomes, and the timeline of your matter. A criminal defence lawyer can speak on your behalf, protect you from saying anything self-incriminating, and ensure the prosecution meets their disclosure obligations. Early engagement with an experienced advocate can also lead to beneficial negotiations with the prosecution, including the possibility of reducing or withdrawing charges where appropriate.

How to Prepare Before You Go to Court

Arrive early, dress neatly, and speak only when requested by the court. Provide your lawyer with any relevant documents, witness details, or digital material relating to the incident. Do not discuss the case publicly or contact any witnesses or complainants. Calm and respectful presentation goes a long way in court and ensures that your matter is handled professionally.

Protect Your Rights From Day One

The first hearing is not simply a formality — it is the start of the criminal justice process. Decisions made at this early stage can affect the entire outcome of the case. Seeking strong representation from the beginning is crucial to ensuring that your interests are protected and the matter progresses on fair and defensible grounds.

This article is general information only and not legal advice. Every case is different. Please contact me to arrange a confidential meeting for tailored advice.

About the Author

Craig Clifford Bloxham – Barrister & Solicitor
Craig brings an uncommon blend of academic depth, scientific knowledge, and professional training to his criminal law practice. He holds a Bachelor of Laws, a Master of Business Administration, a Postgraduate Diploma in Psychotherapy, and a Postgraduate Diploma in Dispute Resolution. With advanced knowledge across scientific and technical disciplines, Craig is able to interpret and analyse complex evidence, from forensic material to digital data, with precision. This rare combination of legal, psychological, scientific, and strategic expertise enables him to approach each matter with a uniquely multifaceted perspective, offering insights that few practitioners in the field can match.