Being charged with a criminal offence is a serious matter. You should always get legal advice about what to do, even if the offence seems trivial. A lawyer can advise you about your plea, what you need to do before you go to court and what to do when appearing before a judge. Even if you want to represent yourself in court it is best to speak to a lawyer first.

There are legal aid and private lawyers who can assist you. Contact details for legal aid offices in the Northern Territory can be found here. To find a private lawyer you can contact the Law Society NT.

Legal Aid NT and NAAJA (Aboriginal Legal Aid) offices offer duty solicitor services at courthouses in Darwin, Alice Springs, Katherine and Tennant Creek. Duty solicitors can provide advice to you on the day you are appearing in court. They can also help you put off (“adjourn”) your case if you need more time to prepare. If you are not sure how to find the duty solicitor, you can ask the registry staff at the Court to send you in the right direction.

These are some of the questions you can ask your lawyer before you go to court:

Do I have a defence to the charge I am facing?
What are my chances of being found not guilty?
If I plead guilty, what penalty can I expect?
Can I ask for “no conviction” to be recorded?
How many times will I have to go to court?
How long will the whole case take?
How much will I have to pay my lawyer?
Am I eligible for legal aid?
Is there anything I should do to prepare myself before my case is heard?
What do I do and say on the day I appear in court?
Can I bring friends or relatives along with me to court?
If I do not agree with a decision of the Court, what can I do?
Will my name or my case be reported in the media?

The more information you find out from your lawyer the better prepared you will be for your day in court.

It is important that you understand the charge against you before you proceed.  If you do not understand the charge against you then you should seek legal advice to help you decide whether you are going to plead guilty or not guilty. You may have more than one charge laid against you. If you agree with some of the charges but not others you should speak to your lawyer about what you can do. You or your lawyer may be able to talk to the police prosecution about dropping some of the charges.

You should only plead guilty if you are advised by a lawyer that the evidence against you makes out the case or you wish to plead guilty. If you do plead guilty and finalise your case quickly, the judge will often give you a discount on penalty. However, don’t plead guilty just because you want the case finished quickly.

Remember, once you plead guilty you cannot later say that you were not guilty, but you just wanted to finish the case.

It is important to think clearly and carefully about what you want to say to the judge about your matter. The judge will not be looking for excuses, but they will want to know why you did what you did. If there was a particular reason why you committed an offence you should explain.

It might help you to make some notes about what you want to say. That way you can keep your facts straight and your story clear and relevant. One way to organize your notes is to write down what happened in chronological order – that is, in the order which they happened starting from the very beginning. Pay attention to detail and think about the facts you want the court to hear.

It is a good idea to get some character references from people you work with or have known for a long time (like your sports coach, teacher or neighbour). The references must say that the writer knows about the charges you are facing. These references should provide some background information about you (for example, information about your family or support network, work experience and any contributions you have made to the community). After showing them to the prosecutor you can hand these references to the judge when you appear in court. Legal Aid NT has a guide setting out the things that should be included in a reference. The Guide to Writing a Reference can be found here.

There are courses available in the NT for people who have committed drink driving offences. There may also be other courses, such as anger management courses, that are relevant to your offence. Attendance at a course shows the judge that you have taken the police charge seriously and may help you get a more favourable sentence. They will also benefit you and your family in the future. Ask the course coordinator to provide you with a letter or certificate showing you have completed the course and give it to the judge on the day.

If the offence you committed happened because of alcohol or drug issues, there are counsellors and support groups available who can help you. If you are getting counselling or have joined a support group, make sure you tell the judge. Your counsellor or someone from the support group may even come with you to court or write a letter or report on your behalf.

If you have a lawyer, they will move to the bar table to present your case to the judge. They will instruct you on where to sit (usually just behind your lawyer in the front row of seats in the court room). The judge will direct their questions to your lawyer. Sometimes the judge may want to talk directly to you. You should stand up when the judge speaks to you.

If you are representing yourself, you should make your way to the microphone usually set up on the right hand side of the courtroom. You should address the judge as “Your Honour”.

The judge will usually start by asking you a number of questions to confirm who you are and whether you are ready to proceed with your case. For example, the judge might ask:

• Are you Jo Citizen?
• Do you have a lawyer representing you?
• Do you want to get the case adjourned to get some legal advice?
• Do you want the Court to hear your matter today?

Remember to speak clearly and calmly when you talk to the judge. If you have documents you want to hand to the judge (such as character references, certificates or employment records), you should give them to the court orderly.

A plea of guilty can usually be dealt with straight away. You must stand up when your matter is called. The charge(s) are read out and you are asked to tell the court what your plea is. If you are pleading guilty you will say “guilty” as each charge is read out.

The judge will start by asking the police prosecutor to outline the facts that gave rise to the offence. You or your lawyer should check the statement of alleged facts before it is read out. You can get a copy from the police prosecutor if you do not already have it. After the facts are read out, you or your lawyer must say whether you agree with them. The police prosecutor will also tell the judge about any previous convictions you may have, as well as the impact  that may have occurred as a result of the offence (such as injury or loss). You or your lawyer should check that your criminal record is correct.

Once the prosecutor has finished, you or your lawyer will then be asked to provide the Court with any facts to be considered by the judge when determining your sentence. At this stage, character references can be handed to the judge. It is also the time to provide the Court with information about any courses you may have done following the offence (such as a drink driving course) and details about your family, work situation and income. The judge will ask for more information if they need it.

After hearing all the information put before them, the judge will then decide on the penalty. In more complex matters, the judge may adjourn the case to give them time to consider the matter. If this is the case, you will be given another date to come to court to hear the final sentence.

A plea of not guilty involves more than one court appearance. The first time you appear in court you will be asked to indicate your plea – that is, tell the judge that you wish to plead not guilty.

You will be given a “Directions Hearing” date and sometimes a “Case Management Inquiry” and a “Hearing Date”. The Hearing is when the case is put before the judge and when any witnesses are called.

Usually, if you have a lawyer, they can represent you at the Directions Hearing and the Case Management Inquiry and you do not have to attend Court on those dates. Those proceedings are so the judge can check that everything is ready for the Hearing and the evidence has been provided to your lawyer. If you haven’t been given a Hearing date already, you will be given one at the Directions Hearing. You must attend Court for your Hearing, even if you have a lawyer.

At the Hearing you will plead not guilty to the charge(s). As with a guilty plea, the hearing will start with the police prosecutor presenting the alleged facts of the offence to the judge. The prosecutor will tell the judge the names of any witnesses that will be called. These witnesses are required to wait outside the court room until they are called in to give their evidence. On first entering the witness box, each witness will be asked to take an oath or give an affirmation that they will tell the truth. The prosecutor will question the witness about the event involved with the alleged offence.

When the prosecutor has finished asking questions, the defence (you or your lawyer) can ask the witness questions in cross-examination. The judge will make sure that the questions asked are appropriate and allowed. The prosecutor is then able to re-examine the witness to clarify any matters.

Once the police prosecutor has finished, you or your lawyer are able to call your own witnesses. If you want to give evidence yourself, you have to sit in the witness box and take an oath or affirmation. You do not have to give evidence so you should speak to a lawyer before the hearing about whether it is advisable. If you decide to give evidence, make sure you stick to the facts and answer the questions clearly. It is very important to listen closely to the questions asked and answer them carefully.

After all the evidence has been heard, both the prosecution and defence have the right to address the judge on why you should or should not be found guilty.

At the end of the hearing, the judge will decide the matter. Sometimes the judge may adjourn the case to consider the verdict but often they decide the case straight away.

If you are found not guilty you are free to leave the court and the case is dismissed.

If you are found guilty, the judge will seek further information before determining what sentence to give you.

The court must decide whether or not to record a conviction against you. Convictions are usually recorded unless there are special circumstances. If it is important for you not to have a conviction, get legal advice and prepare this part of your case. References and character witnesses are very important at this stage.

A court can give a fine as a sentence. The courts can only give you 28 days to pay off a fine. If you can’t pay your fine within that time you should contact the Fines Recovery Unit to arrange an extension or to pay by instalments.

Some drink driving offences mean that your license will be automatically cancelled for the specified length of time. There are no “working” licenses in the NT.

A suspended sentence means you have been given a period of imprisonment, however the Court has decided that you do not have to serve all of it in lock up as long as you follow the conditions of the order for a set period of time. If there is any further trouble, you will be brought back before the Court and may have to serve out the remaining sentence in prison, along with any further penalties for any new offending.

Example:

You were convicted and sentenced to nine (9) months imprisonment. The sentence was backdated to 15 August 2024 to take into account the time you had already spent locked up. This will be suspended after serving six (6) months of your sentence. You should be released from prison on 14 February 2025. The operational period of this order is for two (2) years.

A CCO is a new form of community-based order with a number of conditions (promises to the Court) that you must follow. It is similar to what used to be called a Good Behaviour Bond. A major consideration for these orders is rehabilitation and to keep you as an active member of the community.  The orders can sometimes include supervision by Probation and Parole officers. If you get into further trouble during the operational period of the order or if you do not follow the conditions of the order, you may be brought back to court and resentenced to a more severe penalty.

An ICCO is a new form of community based order where you serve your time in the community. A major consideration for these orders is rehabilitation and to keep you as an active member of the community. There are conditions as part of this order to avoid breaching and risking serving the sentence in an actual prison, you must follow these conditions. These can include community work or home detention.

If you are given a prison sentence you will be taken into police custody straight away. The judge will tell you how long you have been sentenced to. You will also be told if there is a non-parole period as part of your sentence.  A non-parole period is the amount of time you have to spend in prison before you are eligible for release. If you are confused about your sentence, you should ask a lawyer to explain it to you.

The Court can order that you pay compensation or “restitution” to the victim of your offence. For example, if you were charged and found guilty of damaging someone’s property, the court can make an order that you to pay to repair the damage.

If you disagree with the judge’s decision you can appeal to the Supreme Court. An appeal must be made to the Court within 28 days. If you want to appeal, you should seek legal advice immediately.