The goal of a call over court is to set a date for your trial. Each call over court has a large number of cases that are assigned trial dates. This means there is no time to deal with any issues other than the trial date. A ‘mention’ is the first day of a call over court.
The mention is used to inform the magistrate whether you are pleading guilty or not guilty. You may have to attend the call over court meeting before the mention in some local courts. A call over court is in front of a registrar. The registrar will ask if you want to enter a guilty or not guilty plea.
You can plead guilty to the registrar. If this is the case, a magistrate can decide on your ‘sentence’ in another courtroom. More importantly, a lawyer can help with a call over court.
What Happens During A Call Over Court Attendance?
When one arrives at court, they should determine which courtroom they are in by looking for their name on a noticeboard list. They can also enquire with someone who works at the court. Clients and their representatives should bring a list of all dates when the client’s witnesses will be unable to attend a trial.
Clients must pay close attention when the judicial officer calls their name. The concerned must diligently respond to a judicial officer. The judicial officer will propose a trial date, and the client must respond quickly if that date works for the witnesses.
Sometimes there aren’t enough trial dates for all of the cases in a call over court. The dates that are available aren’t ideal either. If this occurs, a case will most likely be transferred to the next available call over. This could be in one or two months.
The trial date will most likely be at least six weeks after the call over court. A trial will usually be scheduled for a “not before” date. This means it will not begin before that date, but it may begin on or after that date. This depends on how long it takes for the court to complete other trials scheduled.
Read: How Long Does A Family Court Hearing Take?
What If I’m Assigned A “Not Before” Trial Date?
It is critical to contact the court if you have been assigned a “not before” trial date. This is the day before the assigned trial date to find out when your trial is expected to begin. If your trial does not begin on time, it may begin in the following days with little notice.
You should inform that the trial may be delayed to your witnesses and supporters. Witnesses and supporters may give some flexibility in their availablity if this is the case.
If you want a specific start date for your trial, you must request it at the hearing or write it on your call over court certificate.
Parties and/or witnesses receive fixed starting dates if the trial is located interstate or overseas. The name of the judicial officer who will be conducting your trial will be given to you at a call over court. However, the case may be transferred to another judicial officer closer to the trial date.
Call Over Court: What If An Agreement Is Settled Before The Trial Date Is Set?
You and the other party can reach an agreement to settle your dispute at any time before the delivery of judgement. This includes before and during the trial. If you reach an agreement, you should notify the court as soon as possible to avoid wasting the court’s time.
To formalise your agreement, file or hand over a minute of consent orders. Each party must sign and outline the term of agreement. You can apply for an Application for Consent Orders (Form 11) if the judicial officer believes that you don’t have ongoing proceedings.
What If You Plead Guilty?
If you choose to plead guilty, the magistrate will usually sentence you the very same day. In some cases, the magistrate may decide to postpone your case so that you can finish a programme or course.
There are programmes you can enroll on like the Traffic Offenders Intervention Program or another intervention programme. Your case may be postponed until its completion. An adjourned case will make way for a pre-sentence report.
Before you are sentenced, you will have the opportunity to tell the magistrate about yourself and the charges you are facing. Before you go to court, you should think about what you’re going to say. In most cases, you will not need to return on another day.
What If You Plead Not Guilty?
If you wish to enter a not guilty plea, the magistrate or registrar will summon you to court on another day. This is either for a hearing or another mention. Depending on the charges you face, the court may:
- Order the police to serve you with a brief of evidence
- Set a court date for another mention before the actual hearing date.
- Enquire how many witnesses will testify for each side.
- Enquire about the length of the hearing.
What If I Need Time To Seek Legal Advice
Time is of the essence when we’re talking about a call over court. If you are not prepared to have your case heard in court, you can ask the magistrate to reschedule it. This is known as an ‘adjournment’. If you need more time, you may:
- Request time to consult with a solicitor about how to plead.
- Require time to find a lawyer to represent you.
- Write to the police to request that the charges be dropped or that the police facts sheet be changed.
- Have pled guilty and require time to prepare for the sentence.
- Have pleaded guilty and require time to attend an intervention programme or counselling.
Seeking legal advice is indeed the best way to approach a call over the court. JB Solicitors takes pride in valuing our client’s time when they are called over to the court. We have a guaranteed call back within 24 working hours. Our experienced solicitors are more than ready to represent you in court
Contact our civil dispute and litigation lawyers today.