Guide to attending a court hearing with your child

Part of the Attending court topic

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In short

As a parent or guardian, you’re expected to attend every court hearing with your child. If you don’t, the court can adjourn the case, order you to attend, or fine you.

This guide walks you through what happens from arrival to the magistrate’s decision, so you know what to expect.

What you should know

As a parent or guardian, you’re expected to attend every court hearing with your child. If you don’t, the court can adjourn the case, order you to attend, or fine you.

This guide walks you through what happens from arrival to the magistrate’s decision, so you know what to expect.

Why you need to attend

Magistrates expect a parent or guardian to be at every hearing.

If you’re not there, the court can:

• adjourn the case
• order you to attend
• fine you.

If the case is heard without you, you can ask for it to be reheard once you’re there.

Arriving at court

Go to the Court Registry desk to check in. A youth justice officer will introduce themselves to you.

Getting legal help

Your child should have legal representation—the court can adjourn the matter if they don’t. A duty lawyer is available for free at most courts, though you may need to wait.

The lawyer may speak with your child alone—what they discuss is confidential. It’s your child’s decision whether to plead guilty or not guilty, and the lawyer acts on their instructions.

The youth justice interview

While you wait, a Youth Justice officer may interview you and your child. This can help the court decide on a sentence, or help the officer understand why the offence happened if your child is pleading guilty.

Inside the courtroom

Your child sits at the front with their lawyer, a youth justice officer and the police prosecutor. You sit at the back. The magistrate may ask you or your child questions, or invite you to speak.

It’s a closed court. Along with you, your child and the magistrate, only these people can attend:

• the victim or their representative
• any witnesses giving evidence
• the police prosecutor
• a youth justice officer
• a cultural support worker, if your child is an Aboriginal or Torres Strait Islander person.
• an infant or young child who is in the care of an adult in the courtroom.

The magistrate can also allow others in, such as a support person, a student, or journalists (who can’t identify your child in anything they report).

If the case moves to the District or Supreme Court, the courtroom will be open to the public, but the same rules apply to journalists, unless the court gives them permission to publish certain information.

Courtroom manners

You'll need to follow these rules while in the courtroom:

• call the magistrate ‘Your Honour’, and stand when they enter or leave
• if you need to enter or leave while court is in session, pause at the doorway and bow towards the magistrate
• stay quiet, and quietly ask your child’s lawyer if you don’t understand something
• don’t eat, drink or chew gum
• turn off your phone.

The magistrate's decision

If your child pleads guilty, they may be sentenced the same day, or the magistrate may order a pre-sentence report, which takes at least 3 weeks.

If your child pleads not guilty, or the case moves to a higher court, it can take months to resolve.