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Tips for going to court
Don't be late
Get to the court at about 9:30 am if it's a 10:00am start.
It might take all morning
Make sure you have allowed enough time for the court process. Don't forget to organise childcare.
Bring a friend/family member
Bring someone with you to support you through the process and to drive you home if necessary.
Dress appropriately
Make sure you look clean and neat; no shorts, tracksuits, t-shirts or thongs!
Turn off mobile phones
Don't chew gum, eat, talk loudly or use your phone in the courtroom.
Talking to the judges
Call the judges 'Your Honour' and refer to the prosecutor as 'The prosecutor'.
When English isn't your preferred language
If you need an interpreter then take along a friend or family member on the date that you are first due to appear in court.
Explain, or get the person with you to explain, your difficulties understanding English in court.
The judges will decide if an interpreter is required and will arrange for you to come back on another day when the interpreter can be present.
In the courtroom
Once in the courtroom, you will be asked to stand at the bar table, or if you are in custody, in the dock, and explain to the judges why your appeal should be allowed. By the day of your appeal, the Court of Appeal judges will have read the record book, your written 'Submission of argument', and that of the prosecutor. You do not need to read your written reasons your again.
If you are not in prison, you must attend the Court of Appeal. This court room is situated on the 5th Floor of the Supreme Court Complex in George Street, Brisbane.
Sometimes the Court of Appeal may sit in another court. You should check the law list in 'The Courier Mail' on the morning your matter is listed to be heard. Your family and friends are entitled to attend the court and sit in the back of the court room. If you are in prison, the prison will receive notice from the Court of Appeal to bring you into the court on the day of your appeal.
The court will allow you a limited opportunity to argue your case, however, the court will not wish to hear at length arguments you have already put in your written outline. At the hearing you should tell the judges the following things:
- your two or three best points;
- anything new that you have thought of since you filed your outline; and
- why the prosecutor is wrong.
During the hearing the judges may ask you questions. Answer them by calling them 'Your Honour'. If necessary, point out to the judges any relevant part of the record book that you think they should look at.
Judgment
The result of the appeal is called the judgment. The Court of Appeal can give its judgment on the day of your appeal, or if the judges need more time to think about all the arguments, a judgment will be given on a later date. That is called a 'reserved judgment'.
It is impossible to estimate when a decision will be given by the judges. A judgment can be reserved for days, weeks, or even months if the appeal was complicated. If you are not in prison, you may attend court the day that your reserved judgment will be delivered. If you are in prison, you will not be brought to court to receive the judgment. The delivering of the judgment will be in the Law List in 'The Courier Mail' on the day it is being handed down (usually Tuesdays or Fridays). You will be given a copy of the judgment.