Going to court
Should my parent or carer come to court with me?
Magistrates think it is very important that your parents or carers come to court with you. Courts may postpone the court proceeding to another day so your parent or carer can come.
We can give your parent or carer some help, such as paying for a bus or train fare, or offering them a lift to court.
What happens when I get to court?
Court Registry
When you get to the court you should go to the Court Registry to let them know you have arrived. A government officer will introduce themselves to you.
Legal assistance
If you don’t have a lawyer, we will arrange for you to see the duty lawyer. The duty lawyer service is free but you may need to wait some time before you see them, as the court can get very busy.
When you see the duty lawyer, they may want to speak with you alone—this is because information between a lawyer and their client (you) is confidential. The lawyer will talk with you about whether to plead guilty, seek an adjournment (come back to court on another date), or plead not guilty and go to trial. They may also like to talk your parent or carer.
Your lawyer will do what you ask them to (act on your instruction)—it is your decision to plead guilty or not.
Free legal support is available through Legal Aid Youth.
Interview
After you speak with the duty lawyer, a person representing the government’s youth justice area (youth justice case worker) will speak with you and your parent or carer. The information from this interview may be given in court.
If you’re pleading guilty, they will speak with you about the offence(s) and the reasons why they might have happened.
Court room etiquette (rules and manners)
- In the Brisbane Childrens Court, the magistrate wears robes. When you are speaking to them, you should address them (call them) ‘Your Honour’.
- When a magistrate enters or leaves a courtroom, everyone in the room is asked to stand.
- While the court is in session, anyone going in or out of the court should give a small bow towards the crown behind the magistrate.
- If you don’t understand something or disagree with something being said, you should quietly ask your lawyer to explain it to you.
What happens when I go into court?
When the magistrate is ready and your lawyer has all the information, you and your parent or carer will be called into court.
Inside the court, the magistrate sits at the front of the courtroom. The prosecutor (police officer), your lawyer, the government officer (youth justice case worker) and you will sit at a table in front of the magistrate. Your parent or carer will sit at the back of the room.
Each person has a chance to speak to the magistrate, before the magistrate makes their decision. Your lawyer will speak on your behalf but the magistrate may ask you or your parent or carer some questions, or ask if there is anything you want to say. The magistrate may then make a ruling or a decision.
The Childrens Court has the power to make a range of decisions, such as whether you receive bail, a supervised release order, or a referral to participate in a youth justice conference.
Sometimes, in the case of more serious charges, your case will need to go to a higher court. You will need to speak with your lawyer about this. Arrangements are then made for committal proceedings to take place in a higher court.
If you are unsure about anything that happened in court, talk to your lawyer or the government officer (youth justice case worker).
How long does everything take?
If you plead guilty, you will generally be sentenced on the same day. However, sometimes the prosecutor (the police) or your lawyer may request the matter be adjourned (put off) until a later date. This can happen for a number of reasons.
Sometimes the magistrate will want more information about you, and may order a pre-sentence report—this usually takes at least 3 weeks.
If the offences are serious and need to go before a higher court, or you plead not guilty and it goes to trial, it can take weeks or months before everything is finalised.
