Understanding a Court Mention
Understanding a Court Mention
A "mention" is the first hearing of a legal matter in court. If you receive a Court Attendance Notice (CAN) from police, it will specify the court location, date, and time you must attend.
The purpose of a first mention is for the court to determine whether you intend to plead guilty or not guilty to the offence(s) listed.
What Happens at a Mention?
When you appear before a Magistrate or Registrar, the following may occur:
- If you have a lawyer:
- Your lawyer may enter a plea or request an adjournment (delay) to provide further legal advice.
- If granted, a second mention will be scheduled for you to formally enter a plea.
- If you are unrepresented (no lawyer):
- You can request an adjournment to seek legal representation.
- The court may ask how much time you need (e.g., if you have a lawyer appointment in a week).
- You may also request time to attend intervention programs or counselling, which the court can consider when setting a new date.
Pleading Guilty
- By pleading guilty, you accept the charges and the police’s version of events (as outlined in their Fact Sheet).
- You may proceed to sentencing the same day, unless the Magistrate orders a Sentencing Assessment Report (requiring an adjournment).
- Alternatively, you can adjourn sentencing to prepare supporting materials (e.g., character references, apology letters).
Pleading Not Guilty
- By pleading not guilty, you dispute the allegations or claim a legal defence.
- The matter will be adjourned for a defended hearing.
- Police must provide a Brief of Evidence, and another mention will be set to review it and plan your defence (e.g., witness list, hearing duration).
Key Reminders
- ✔ Check your case details on the NSW Courts Online Registry.
- ✔ Arrive early (at least 30 minutes before) to locate your courtroom.
- ✔ Inform the court immediately if running late—failure to appear may result in a decision in your absence or an arrest warrant.
- ✔ Comply with bail conditions (e.g., physically attending court).
- ✔ Prepare for delays—unrepresented matters may take longer; arrange work/childcare accordingly.
- ✔ Wait for your name to be called—if the courtroom is full, stay nearby to hear announcements.
Need Legal Assistance?
SDC Lawyers specialises in criminal, family, immigration and traffic law, including court mentions. For expert advice and representation, visit:
SDCLawyers.com.au