Main Content Anchor

What to do in court

Address the magistrate/judge

Address the magistrate or judge as ‘Your Honour’. Always stand and face the magistrate/judge when speaking or being spoken to. Speak slowly, clearly and loudly—courts can be noisy places.

You will be referred to as the ‘applicant’. The prosecutor will usually call your name. You should show the magistrate/judge you are there by walking up to the table in front of them. Do not be shy and do not hesitate. The magistrate will understand you are inexperienced.

The magistrate/judge will ask you to give evidence

When the magistrate/judge is ready to begin hearing your application, they will ask about your application. You will usually need to go into the witness stand with the original affidavit and your copy and ask the magistrate/judge if you can present the affidavit as evidence instead of telling the court your evidence.

Although there is no rule saying that you must provide an affidavit, most magistrates/judges prefer the evidence to be given by affidavit. The prosecution does not usually object to an affidavit being presented as evidence unless it contains something they think is not really evidence. If you do not use an affidavit, then you will have to stand up in court and tell the magistrate/judge your evidence.

When you present your affidavit as evidence, you must take an oath (promise) to tell the truth and then state the affidavit is still true.

The prosecutor may cross-examine you

Even when the prosecution does not oppose your application, you will probably be cross-examined. The prosecutor usually asks questions about:

  • the circumstances surrounding the offence which led to the disqualification such as accidents, why you drove etc
  • the patterns of behaviour that led to you committing the offence such as drinking or drug taking habits
  • what assurance you can give the court you will not drink or drug drive or do the things that led to the disqualification again.

Give extra information to the court

After you have finished giving evidence, the magistrate/judge may ask if you want to say anything more to support your application. If there is something you want to emphasise, then you should say so now, for example, that the application is not opposed (if this is the case) and that your behaviour since the disqualification date has been good.

Present any letter offering you employment, and character and employer references to the court. The prosecutor will be asked if they want to say anything about your application.

The magistrate/judge decides your application

The magistrate/judge will decide whether to grant your application to have your disqualification removed. If your application is granted, then the disqualification removal usually happens on the date it is granted. However, the court may grant the application but then decide to delay the order’s operation for a period.

Just because the disqualification is removed, it does not mean you can drive straight away. You must not drive until you have been given a driver licence.

If you also have been disqualified several times in Queensland in different courts (eg Magistrates Court and District Court) from holding a driver licence for more than two years, then you must apply separately to each of the courts to remove those disqualifications. If you have more than one disqualification in the same court, be sure to list all the disqualifications you are applying to have removed. You are not allowed to apply for a driver licence until all of your disqualifications are removed or the disqualification periods have ended.

Before you leave the court, make sure you get a copy of the order from the court clerk. You will need to produce it when you apply for your driver licence at a Department of Transport and Main Roads Customer Service Centre.

Remember, if the court refuses your application, you cannot apply again for at least 12 months after the refusal date.

If you are applying to remove your disqualification in the Magistrates Court, you do not need to read about the District or Supreme Court process. For information about how to apply for a driver licence, see Getting back on the road.

Last updated 21 April 2021

Back to top