How Should I Behave In Court In Australia?
Going to court can be daunting. Having an
idea of what to expect will ensure that you are prepared and know how to behave appropriately.
Courts are formal places and certain rules of etiquette apply to anyone who enters as
is the case in any other formal setting such as workplaces and educational facilities.
You are expected to be respectful and you must behave appropriately at all times. You
may be asked by the magistrate or judge to leave the court if you dress or behave inappropriately.
If your behaviour disrupts proceedings, you could also be fined or sent to jail.
When going to court, make sure you are punctual and arrive before the scheduled time.
You can find the correct courtroom by reading the notice boards and television screens at
the courthouse or by asking someone at the registry counter. These are usually located
in the court’s foyer. If your matter is being heard in a Magistrates
or Local Court, wait outside the courtroom until you are called. In the District or County
Court, the bailiff will be able to tell you when your case will be heard. If you are going
to the Supreme Court, you should wait inside the courtroom. Check with the bailiff to find
out when your case is due to start. If you are being held in custody, corrections
officers or police will make sure you are brought to the correct court at the appropriate
time. They will show you where to sit. As you enter the courtroom, stand at the doorway
and bow your head to the Coat of Arms behind the judge or magistrate as a sign of respect
before finding your seat. Courts are busy places so even once you have
entered the courtroom you may have to wait for a time until your matter is called. In
this case, you should wait in the public seating area in the back until the court is ready
to hear your case. When the court is ready for you, go to the
centre table in the front of the courtroom. If you are represented, your lawyer will show
you where to sit. You may represent yourself at court, but it is always advisable to seek
legal advice first. Where you do not have a lawyer, if you are bringing the matter to
court, you should sit on the right side of the table as you face the judge or magistrate.
If you are the defending the matter, you should sit on the left side of the table.
The general rules of court etiquette apply throughout a court proceeding to everyone
in the courtroom. Make sure you: turn your mobile phone off – don’t
just switch it to silent turn off any alarms on your watch or on
any pagers you have do not talk unless called upon to speak
by the judge or magistrate do not eat, drink or chew gum
do not smoke do not record or publish any of the proceedings.
This includes posting to social media. The magistrate or judge is the ‘boss’
of the courtroom. They sit at the front facing everyone else. Every person in the courtroom
must behave respectfully towards the magistrate or judge by:
calling the magistrate or judge ‘Your Honour’
bowing their head to the magistrate or judge when entering or exiting the courtroom
standing and keeping quiet whenever the magistrate or judge enters or exits the courtroom
standing whenever the magistrate or judge addresses them
listening to and following any instructions given by the judge or magistrate.
To show your respect in a courtroom, you will need to dress in a tidy, modest, and smart
manner. Conservative colours are best. Dress attire that may be suitable includes:
a suit (though this is not essential) a collared button up shirt (make sure
it is buttoned to an appropriate level) pants or a skirt at or below knee level
clean closed in shoes. If you are representing yourself, it is recommended
that you wear a jacket. Dress attire that is not suitable includes:
singlets strapless or see-through tops
clothing with obscene, offensive, or disrespectful slogans or graphics
jeans thongs
short shorts mini skirts
sunglasses hats or caps.
If you are dressed unsuitably, the judge or magistrate may reprimand you or ask you to
leave. There is no specific legislation which prevents
you from wearing forms of religious dress such as turbans, skullcaps, and burqas, in
the courtroom. However, some states now have legislation requiring you to remove head-coverings
if asked by police for identification purposes. Refusal to do so can result in a fine or imprisonment.
Generally, the police will ensure that only female officers are present, and that it is
only for a short period of time. Court etiquette in Queensland requires that,
when leaving the courtroom, you again bow your head to the Coat of Arms behind the judge
or magistrate as a sign of respect. If you are unclear about court etiquette in
Australia, court staff will be able to assist. However, keep in mind that they are generally
very busy, so it might be best to seek your information from organisations such as the
Court Network. If you have a legal question, you should seek
advice from a lawyer as soon as you can. Alternatively, the courts in each state and
territory have a dedicated website which contains useful information about the Magistrates or
Local Court, the District or County Court, and the Supreme Court, including details regarding
court etiquette. You can also familiarise yourself with court
etiquette and procedures by going to court and observing a proceeding before the commencement
of your own. When doing so, sit in the public seating area in the back.
You can find information about which matters are to be heard that day on the daily law
lists page of the courts’ websites. Not all cases are open to the public – you should
check with the registry staff or the bailiff to make sure you can observe the proceedings.
What to do next If you or someone you know has to go to court,
it is important to obtain legal advice quickly. Go To Court Lawyers operate a Legal Hotline
on 1300 636 846 where you can talk directly to a lawyer 7am – 9pm, 7 days/week. Your
call will be treated with the strictest confidentiality and without judgement.
The lawyer will assess your matter and recommend a course of action.
Should you need a Court lawyer, even if it is at very short notice, the Legal Hotline
staff will be able to arrange legal representation for you. You can also request a call back
via the website www.gotocourt.com.au and a lawyer will call you back to assess your matter.
