For many people facing a criminal or AVO matter in the Local Court, the first mention can be an unfamiliar and intimidating experience. Understanding the purpose of this initial appearance and what typically occurs can help demystify the process and prepare individuals for what to expect. A first mention is a critical procedural event in the criminal justice system, where important decisions can be made about how a matter will progress, including whether it can be resolved early.
What is a “Mention”?
A mention is a short administrative appearance before the Magistrate. It is not a hearing or a trial. The primary purpose is to check the status of the matter and determine what should happen next. The court does not decide guilt or innocence at this stage (unless the accused pleads guilty and sentencing proceeds).
Mentions are part of the court’s case management system, designed to promote efficiency and ensure matters do not unnecessarily proceed to a hearing if they can be resolved earlier. This is particularly important given the high volume of matters passing through the Local Court.
Who Attends a First Mention?
At a first mention, the following parties are typically present:
– The defendant (person charged)
– A police prosecutor (representing the NSW Police)
– A Magistrate
– A duty solicitor or private legal representative (if the defendant has legal representation)
In some matters, such as AVO proceedings, the protected person may also be present, either in person or via a legal representative.
What Can Happen at a First Mention?
Several things may occur during a first mention:
1. Adjournment Requests:
In many cases, a party will request an adjournment. This may be to allow the defendant to obtain legal advice, review the police facts and evidence (known as the brief of evidence), or seek Legal Aid. The court will usually grant a short adjournment in these circumstances. Multiple adjournments may be permitted if there is good reason, but courts generally encourage parties to progress matters efficiently.
2. Guilty Pleas:
If the defendant has already received legal advice and decides to plead guilty, the Magistrate may proceed to sentencing (either immediately or at a later date, depending on the seriousness of the offence and whether reports are required). In cases where a custodial sentence is possible, the court may adjourn the matter to obtain a pre-sentence report.
3. Not Guilty Pleas:
If the defendant pleads not guilty, the matter will be listed for a hearing at a future date. The Magistrate may make orders for the service of the brief of evidence and set a timetable for the next steps. This may include a requirement that the police serve their evidence within a set period and a requirement that the defence confirm readiness for hearing.
4. Bail Applications or Variations:
If the defendant is in custody or subject to bail conditions, the first mention may include a bail application or a request to vary conditions. Bail decisions are made under the Bail Act 2013 (NSW), and the court must consider whether the accused poses an unacceptable risk or whether show cause applies. The court may impose or vary conditions to mitigate any identified risks.
Getting Legal Assistance
If you do not have legal representation, you may be able to speak with the duty solicitor at court on the day. Legal Aid NSW also provides support for people who meet eligibility requirements based on financial and personal circumstances. Speaking with a lawyer before court, even briefly, can help ensure you understand your options and avoid unnecessary delays or consequences.
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Final Thoughts
The first mention is an important procedural step in the Local Court process. It sets the foundation for how the case will proceed and gives the court an opportunity to manage its workload effectively. Understanding the basic flow of a first mention can help parties feel more prepared and less anxious about what lies ahead.
For anyone unsure about how to approach their first mention, it is always advisable to seek legal advice in advance or speak with the duty solicitor on the day. Being organised, respectful, and informed will help make the process as smooth as possible.
Contact us today for a free consultation on 0437 822 808 or submit an online enquiry here.
Author: Carolina Reveco, Principal of Sydney City Legal Practice
This article is to serve as a general information source only. This publication contains opinions, examples, words, and extracts from legislation and other sources; it should not be used as a source of legal, financial or tax advice. To obtain personalised legal advice tailored to your needs that can be relied upon, please reach out and speak to our legal team
