If you’ve been charged with a criminal or traffic offence in New South Wales, your matter will begin in the Local Court. For offences that occurred in Newcastle, that means attending Newcastle Local Court.
Understanding what to expect if you need to attend Newcastle Local Court can make the process far less overwhelming, and help you make informed decisions from the outset.
First Court Date (Mention)
The first time you attend court is called a “mention”. This is usually not your final hearing. Instead, it’s a procedural step where the court checks the status of your matter.
At this stage, you will usually be asked whether you wish to:
- Plead guilty
- Plead not guilty
- Need more time to obtain legal advice
If you have been charged with a domestic violence related offence, you will be required to attend Newcastle Local Court on a Tuesday. Otherwise, your mention will likely be on a Monday, Thursday or Friday.
However, for more serious matters known as “strictly indictable offences“, the court does not require a plea to be entered at this stage. Instead, your matter will be adjourned for brief service and will ultimately follow the Early Appropriate Guilty Plea process. At Newcastle Local Court, these matters are listed on Wednesdays.
Receiving the Brief of Evidence
If you plead not guilty, the prosecution (usually NSW Police) may be ordered to provide you with a “brief of evidence”. The brief will contain all the material, or evidence, police rely on. It may include:
- Witness statements
- CCTV or other recordings
- Forensic evidence or expert reports
- Photographs
- Police statements
It is important the brief of evidence is reviewed carefully, to assess the strength of the case against you. At this stage, a lawyer will also be able to advise you on your prospects.
You will usually then have a further court mention known as a reply date, where you will need to confirm your plea of not guilty, or change your plea to guilty.
Sentencing
If you decide to plead guilty, the matter can proceed to sentencing either on your mention date, or at a later date. It is important to consider what material could be used to support your sentence hearing. This is referred to as “subjective material” and may include:
- Medical reports
- Psychological reports
- Evidence of rehabilitation
- Evidence of remorse
- References
- Evidence of the impact of a conviction
- Evidence of need for a licence
At Newcastle Local Court, sentence hearings usually proceed on a Monday, Thursday or Friday.
However, if you have been charged with a domestic violence offence, your sentence hearing will usually take place on a Tuesday.
Defended Hearings
If you plead not guilty, your matter will be listed for a defended hearing. Usually, the defended hearing will be listed 3 to 4 months after you enter your plea of not guilty at Newcastle Local Court. However, you can expect to receive an earlier date if you are bail refused.
Defended hearings can be listed on any day of the week at Newcastle Local Court.
On the morning of your hearing, at 9.30am the judge will call through the matters listed in court that day to understand how each matter will proceed and how long each matter will take. You will then be given an approximate time in which your matter will start.
A defended hearing will begin by the prosecution calling their witnesses first. If you have witnesses, they will be called to give evidence as part of the defence case. The defence case begins once the prosecution have closed their case. Following this, closing submissions will be made by each party and the judge will make a decision on whether the prosecution have proved their case beyond reasonable doubt.
If you are found guilty, your matter will then proceed to a sentence hearing. If you are found not guilty, you will be acquitted and the charge/s will be withdrawn and dismissed.
Appeals
If you are unhappy with the outcome, you have a right to appeal to Newcastle District Court. You can appeal the sentence imposed, if you believe it is too severe. You can also appeal against the courts finding that you are guilty of an offence, if you pleaded not guilty and your matter proceeded to a defended hearing. More information about appealing your sentence can be found here.
Strict time limits apply, so it is important to seek legal advice promptly.
Why Legal Representation Matters
Navigating the court process can be complex, particularly when your reputation or future are at stake. Early advice from an experienced criminal defence lawyer can make a significant difference to the outcome, whether that’s negotiating with police, identifying strengths and weaknesses in the prosecution case, or presenting strong material at sentence.
It is also important for your lawyer to understand the court process and procedures at each court. Arthur Law is a local boutique criminal law firm and our lawyers regularly appear for clients at Newcastle Local Court. We are familiar with local judges, prosecutors, and court procedures.
Need Advice or Representation?
If you or someone you know is required to attend Newcastle Local Court, it’s important to get tailored legal advice as early as possible.
Our team are independently recognised as leading criminal lawyers in the Hunter Region. We are experienced in handling a wide range of serious criminal and traffic matters and our results speak for themselves – we’ve seen lives changed and futures redirected through our work.
Contact us today to discuss your situation in confidence in a free Ask Arthur Consultation.
Where is Newcastle Local Court?
Newcastle Local Court is located at 343 Hunter St, Newcastle NSW 2300. It is a six-story building, with the Local Court located on levels 2 and 3.
The courthouse is accessible via public transport via light rail from Newcastle Interchange. There is also paid street parking available close by on Burwood Street, King Street, Darby Street and Centenary Road.
Accessible facilities are provided at Newcastle Local Court including wheelchair access and internal lifts.
