Pleading Guilty to an Offence in the Magistrates’ Court

Cases that are heard in the Magistrates’ Court are described as Summary Crimes. A case in the Magistrates’ Court either begins with a Charge and Summons or you are on Bail. Charge and Summons means that you were given the charges after the date of the alleged incident.

There are limits to what can be heard in the Magistrates’ Court. Many serious allegations like Sexual Offending, serious violence or commercial drug charges commence, but do not conclude in the Magistrates Court. A Magistrate does not have the power to hear the case and sentence you, so it will move on to be heard in a higher Court.

First Mention / Mention / Special Mention

• When a matter is listed for mention, it may be finalized by way of
  a plea of guilty if liability for all charges is accepted and there is no dispute
  with the circumstances alleged.
• If there is any dispute the matter will be adjourned for a case
  conference or contest mention so that negotiations can take place
  with the prosecution.
• Matters can be listed for special mention for the Court to check
  on the progress of the case deal with an issue. The Court sometimes
  list these to see if they can resolve cases.

Case Conference

• Negotiations take place with police prosecutors and informants
  about the disputed aspects of a matter.
• This might result in a plea to only some of the charges or amendments to
  the facts alleged as part of the case.
• Further information or evidence can be requested.
• This stage could involve a sentence indication.

Contest Mention

• A contest mention is heard in front of a Magistrate.
• Negotiations take place with police prosecutors and informants about the
  disputed aspects of a matter.
• This might result in a plea to only some of the charges or amendments to
  the facts alleged as part of the case.
• This stage could involve a sentence indication.

Guilty Plea

• Guilty plea may take place at a mention or following a hearing,
  contest mention or case conference.
• This is the sentencing stage where your personal circumstances
  and an explanation of the offending and surrounding circumstances
  is put to the Court.

Sentencing

• Usually you will be sentenced on the same day as the plea hearing.
  Occasionally, this may occur on a subsequent day.
• The Judge will make sentencing remarks and deliver sentence.