Going to Court video transcripts
Transcripts for each of the four videos in the Going to Court series are available. Quick links to each of the transcripts listed are available following:
Video 1 - Preparing for Court
- [Narrator] If you are going to the magistrates' court, this series of videos will help you to get ready.
Going to court can be a difficult experience for anyone. Preparing well for court is important to get the best possible outcome for you. This video will help you with preparing for court.
If you are a defendant, victim, or witness you'll receive a summons or court appearance document for the Magistrates' Court in Tasmania. A summons or court appearance document is an official notice to tell you that you must go to the magistrate's court.
In Tasmania there are Magistrates' Courts in Hobart, Launceston, Burnie, and Devonport. On the summons or court appearance document, it will say when, where and why you need to go to court. If you cannot read the summons or do not know what the summons means, ask a person that you trust to help you read and understand it or contact the Magistrates' Court Registry for help.
If you are a witness or alleged victim, the summons may have a piece of paper attached to it, asking you to ring the police prosecution section before the court date. This is important to do as they will give you more information about your case. Remember to keep the summons in a safe place. You need to take it with you on the day you appear in court.
You may be wondering what to do if you cannot appear at court on the day and time on the summons. If there is a good reason why you cannot attend court on the day, for example, a medical emergency, the court registry must be notified. You will also be required to send the court proof that you are unable to attend.
If you have a genuine reason why you cannot attend court on the day listed on the summons, you can also apply to the court to have the date changed. It is best to talk to a lawyer about doing this. If you need to change the date, you should do this well before the day you are due to appear in court. Remember unless you have approval from the court not to attend, you must go to court on the day and time on the summons or the court can issue a warrant for your arrest. If you need help, you should contact the Magistrates' Court Registry.
Let's recap. You have read or asked someone to assist you with reading the summons or court appearance document. You understand why you need to go to court. You know, the day and time you need to go to court. You have put your summons or court appearance document in a safe place so that you cannot lose it. If you have a genuine reason why you cannot attend court on the day or time on the summons, you have applied to the court to have date changed. And finally you have contacted the Magistrates Court Registry if you need help in understanding what to do.
So what's next? It's time to prepare to go to court. Whether you are a victim, defendant or witness, this can be a worrying time. So it's important that you get some assistance and good people to support you.
If you have any kind of disability or have special requirements, make sure to tell the court staff and your lawyer, at least a week before your court day. If you have a disability, you can contact an advocate for help. An advocate is not a lawyer, they will get to know you and your needs and support you to prepare for court. If needed advocates can also attend court with you.
If you are a defendant, it is a really good idea for you to speak to a lawyer before court. You can ask to see a duty lawyer on the day you go to court, but it is always best to find out your legal options before the court day. A lawyer will help you to understand what will happen when you go to court and what you need to do to prepare for your court case. You should provide any assessment documents you have about your disability to court staff and your lawyer.
Let's recap. You have found good people to assist you in court. If you have a disability or other special requirements, you have contacted the Magistrates' Court Registry to let them know about your needs.
You have contacted the Magistrates' Court Office. If you need more help understanding how the court works or to find out what services are available to you. You have gathered documents about your disability and given them to your lawyer or the court staff so they and the magistrate understand your needs.
If you are a defendant, you have gained legal advice. If you have a disability and need more help, you have contacted an advocate.
Your court appearance date is nearly here, on the day before court, after 4:30 PM, you can look on the magistrates' court website to find out which courtroom you will be appearing in. The day before you attend the magistrate's court, charge your phone, prepare smart, clean clothes, choose a small clean backpack or bag for your belongings.
Contact the person, rideshare or taxi company that is taking you to court to confirm your trip. If you are catching a bus to court, check the bus time table carefully and make sure you know the schedule. If you have arranged a support person to go with you to court, contact them and remind them of the date and time you need to be at court.
On the day you attend the magistrate's court, have a wash and practice good personal hygiene. Put on smart, clean clothes, pack your bag with your phone, the summons or court appearance document, supporting documents or cards that explain about your disability and how it impacts on you, your purse or wallet and any personal identification, snacks, food, and water.
Remember if you need more help, you can contact the Magistrates' Court Registry.
On the videos in this series will also help you with going to court.
Video 2 - Arriving at Court
- [Narrator] If you're going to the Magistrate's Court, this series of videos will help you. Going to court can be a difficult experience for anyone. Preparing well is important.
In the first video, we talked about what you should do to prepare before going to court. This video will help you with what you need to do on the day you arrive at the court building.
When you enter the court, you will be met by Security. Security are there to make sure the court is a safe place for everyone to use. They will check your bag or backpack to make sure no dangerous items are taken into court.
Any weapons or knives will be taken from you and handed to Police. Any other dangerous items, such as scissors, tools, or sharp objects will be taken from you and held by Security.
You will need to go through a metal detector and may also be scanned with a hand-held metal detector.
Now that you have completed the security check, it's time to find the court waiting area. Once you have found the waiting area, you will need to find out what courtroom to go to when your name is called. To do this, check the daily court list, which will be on the wall.
On the list, find your name and the courtroom number you will need to go to. Now that you have checked the daily court list and know which courtroom you'll need to go to, it's time to wait for your name to be called.
In the meantime, your lawyer may want to talk to you. Look for them. The waiting area is a loud and busy place. A lot of people will be coming and going from the courts and names will be called out. This is why having a support person with you is a good idea. They can help you to relax while you are waiting.
A clerk may come and ask people to confirm their name and which court they are appearing in. Make sure the clerk knows you are present. It is better to stay in the waiting area until you are called. If you do need to leave the waiting room for any reason, let someone like your support person or Security know. If you have any questions or are unsure about something, Court staff or Security can assist you.
As we talked about in the first video, if you prepare yourself well for your court day, like bringing a book to read, it will be easier for you in the waiting area. You will be called when your term comes to appear in the court.
Now you have an idea on how your arrival to Court will look like. Remember, if you need more help, you can contact the Magistrate's Court Registry.
In the next video, we will talk about what happens once you are inside the Magistrates' Courtroom.
Video 3 - In the Court
- [Narrator] If you are going to the magistrate's court, these series of videos will help you.
Going to court can be a difficult experience for anyone. Preparing well for court is important to get the best possible outcome.
In the last video, we talked about what to do when you arrive at the court building. This video will explain what will happen when you enter a magistrate's courtroom in Tasmania.
You have checked the court list for your name and courtroom number, and are now waiting to be called into the courtroom. When the court is ready, a court clerk will come into the waiting area and call your name.
It is now time to turn off your mobile phone, put your things into your bag and enter the courtroom. Magistrate courtrooms look different across Tasmania, but all courtrooms have places where the people in the courtroom must seat or stand.
The magistrate will seat on a raised platform, looking over the court. They hear the case and make decisions about the cases heard in court. When speaking to a magistrate, everyone in court must call them, your honor.
The court clerk organizes how the court runs and sits in front of the magistrate in the courtroom. They will record everything that happens in court.
The prosecutor sits and stands at the bar table in front of the clerk. They are a lawyer or trained police officer who presents the case against the defendant.
The defense counsel is a lawyer and they sit and stand at the bar table in front of the clerk and opposite the prosecutor. The defense counsel represents the defendant.
The defendant, if not brought into court in police custody usually sits at the end of the table, facing the magistrate. Sometimes the defendant is allowed to sit next to their lawyer. The defendant is a person charged with an offense.
Security officers, usually seat at the back of the court, near the court entrance door and close to the defendant. They are in the courtroom to keep everyone safe.
After they are called to come into the courtroom, witnesses usually sit on a raised platform at the side of the room.
Members of the public can sit in the public gallery seats at the back or the side of the courtroom.
Media may sometimes sit on the side of the courtroom. When everyone is seated in court, the clerk leaves the room to tell the magistrate that the courtroom is ready. A knock at the door is heard and the security guard will say...
- [Guard] All stand.
- [Narrator] Everyone in the court stops talking and stands up. The magistrate comes into the courtroom and sits down. The people in court must not talk from now on unless they are asked to. Court proceedings now begin. The court clerk calls out the defendant's name and asks that they come forward to the end of the bar table.
- [Clerk] Please come forward Mr. Smith.
- [Narrator] The clerk then asks them to confirm their name.
- [Clerk] You are James Smith.
- [James] Yes.
- [Narrator] The magistrate or court clerk will then read the offenses the person is charged with and then ask whether they understand the charges.
- [Magistrate] And do you understand the charge?
- [Narrator] If the defendant understands, they answer.
- [James] Yes your honor.
- [Magistrate] Thank you, just take a seat at the table.
- [Narrator] The magistrate will then ask the defendant to seat at the table. When asked questions in court, it is important that a person takes their time to answer truthfully and as clearly as they can. After the magistrate reads the offenses the person is charged with, they will ask.
- [Magistrate] Wishing to enter a plea today, or are you seeking an adjournment?
- [Narrator] A plea is where the defendant states, they are either guilty or not guilty of the offenses they are charged with. Guilty means that they agree with the charges. Not guilty means that they do not agree with the charges.
If the defendant is not ready to enter their plea and wants more time to get a lawyer or to consider the charges, they can ask for the case to be adjourned to another date.
An adjournment means asking the magistrate to delay the court hearing for a future date. If the defendant pleads guilty, the case may be dealt with straight away. It may be adjourned to another day if people want to get a special report like medical assessments or references, or if the court wants to order a report themselves.
If a defendant pleads not guilty, the case will be adjourned to allow for a longer court hearing time. An adjournment gives people time to prepare for the hearing and allows witnesses to be called.
In this video, we are assuming that the defendant has prepared well for court and that they have a lawyer. Their lawyer will have discussed entering a plea or seeking an adjournment with them before the court hearing happens.
The defendant will know and will have agreed to what their lawyer is going to say in response to the magistrate's question about making a plea or adjourning.
The lawyer can answer the magistrate's questions for the defendant. They can ask that the case be adjourned and explain why.
The magistrate will then decide if they will give the defendant more time to get ready to enter a plea. If this happens, another date will be set for them to come back to court.
When the defendant is pleading guilty, the lawyer may answer the magistrate by saying, entering a plea, your honor. And I'd ask that you accept that plea through counsel. To which the magistrate will ask.
- [Magistrate] And how do plea, guilty or not guilty?
- [Narrator] If the defendant has agreed upon a plea of guilty, the lawyer will answer my client pleads guilty, your honor. However, it should be noted that some magistrates may ask the defendant to speak their plea rather than their lawyer.
- [Magistrate] You tell me how you plea.
- [James] Guilty, your honor.
- [Magistrate] Thank you.
- [Narrator] The magistrate will then ask the prosecutor to read out the facts.
- [Magistrate] And I'll give the facts. Thanks you.
- [Narrator] This is a summary of what the police say happened, and how the particular offense that the defendant has been charged with occurred.
The magistrate will ask the defense lawyer if they agree with the facts and whether there is anything that they would like to say to the court to take into account before sentencing.
These can be important in helping the magistrate decide on the penalty they give the defendant.
The lawyer will have talked to the defendant before coming to court for their version of events and for the things that they want to tell the court. The lawyer will tell the court these things. This is a time when the magistrate can hear any explanations of why the person committed the offense and any personal circumstances that may have an impact on the person and the way they have behaved.
The magistrate will want to know if the person has extra information about a disability or medical or mental health condition. The person may have started counseling or a community support program or applied for assistance. They may say they are very sorry for what they have done, and for any harm caused.
The magistrate will consider all the information and decide on a sentence on the same day or tell the defendant they want more information and make another date for them to return to the court to be sentenced.
A sentence is the penalty or punishment ordered by the court. A sentence can be things like a community-based work order, a monetary fine, prison, or a ban from driving. The sentence depends on the crime that has been committed.
If found guilty, the magistrate will tell the person their sentence, and read the conditions of the sentence out in court. The magistrate will then ask the person to go with the security guard to leave the courtroom.
After court, their lawyer will explain the meaning of the sentence and what happens next. If a not guilty plea has been agreed upon, the lawyer will answer my client pleads, not guilty your honor.
A plea of not guilty means that it will be up to the police prosecutor to prove that the person is guilty of the offense they have been charged with. The defendant will come back to court for their case to be heard at another date. Their lawyer will explain more to them about what happens next.
Let's assume now that the defendant has returned to court for their hearing and witnesses are to be called. Witnesses wait outside the courtroom to be called into the room. The clerk directs the witness to the witness box. The witness is then asked by the court clerk, whether they would like to give evidence on oath or affirmation.
- [Clerk] Do you wish to take the oath or make an affirmation today?
- [Witness] Affirmation.
- [Narrator] An affirmation and an oath are both serious promises. If the person is a witness for the police prosecution, the prosecutor will ask their questions first.
If the person is a witness for the defense, then the defense lawyer will ask questions first followed by the police prosecutor. The magistrate may also ask the witness questions.
Witnesses should take their time and let the magistrate know if they cannot remember things. If you have difficulties in remembering things, you should tell the lawyer before you go to court. When there are no more questions for a witness, the magistrate will say...
- [Magistrate] You are now free to go. Thank you.
- [Narrator] Sometimes there are interruptions during a court case. The magistrate might take a break or may interrupt your hearing if they have to deal with another short matter or the magistrate might leave the room.
This can be a good opportunity for people to go to the toilet. A defendant must tell their lawyer if they're going to leave the courtroom for a few minutes and where they are going.
If you are unsure on what is happening, talk to your lawyer, your support person, or your advocate.
In the next video, we will look at what happens after you have been in court.
Video 4 - After Court
- [Instructor] If you are going to the magistrates court this series of videos will help you.
Going to court can be a difficult experience for anyone. Preparing well for court is important to get the best possible outcome for you.
In the previous video we looked at what happens inside the courtroom. In this final video we will talk about what happens after court.
Whether you are a witness, defendant or victim, there are a variety of outcomes from a court hearing:
If you are a witness you should not discuss your evidence with the defendant or any other witnesses until the hearing has finished. You can leave the court after you have given your evidence or you can stay at the court if you want to. A witness may never know the outcome of the case but you can contact prosecution, or the person who asked you to be a witness, the next day to ask what the outcome was.
A hearing may be adjourned; this means it is rescheduled to a later date. This can happen many times and there are lots of different reasons why a hearing is adjourned.
If you are a defendant and the magistrate finds you not guilty you may be free to go.
If you were on bail you may be required to sign some forms at the registry before leaving the court. If you are a defendant and the magistrate finds you guilty there are different things that can happen.
Your matter may be adjourned and you may have to come back at another time to be sentenced. You may be given bail and be required to sign some forms at the registry before leaving the court. You could be referred to a diversion program.
If this happens all the details will be in the documents you receive from the registry. You may receive a Community Corrections order. This means you will need to talk with Community Corrections to discuss the details of your order. The magistrate will explain this to you.
You may be issued with a penalty or fine. If it is a driving offense you may lose your driver's license.
There may be an order made which stops you from doing certain things, for example a family violence order or a restraint order. Depending on the severity of the matter, you may be convicted and sentenced to a period of imprisonment. There may be no penalty imposed at all.
If you are unsure of what you need to do next after your hearing, you can go to the registry, where a member of staff will help you. If you have a lawyer they may be able to explain what you need to do. If you don't have a lawyer you may be able to talk with a duty lawyer, your support person, or your advocate.
Remember the court is a busy place so you may need to wait before you can talk to someone, alternatively you can call the court at a later date. If you need support with anything after your Court appearance, you can ask a staff member at the registry for information on the services available.
If at any point throughout the process of attending court you feel like you have been discriminated against, please contact Equal Opportunity Tasmania. You can revisit the videos in this series as often as you like, and remember, you can always contact the Magistrates Court Registry for more information.