Going to court with your child

Going to court with your child

Parents and guardians can attend court to support their child.

If you don’t attend your child’s court hearing, the court can adjourn to ensure you know about it. The court can order you to attend and fine you if you don’t.

If the court hears your child’s case without you, you can ask to have it heard again when you’re in the room.

If you cannot get to court yourself, the court may advise you to seek assistance from Youth Justice.

At the court

When you get to court, go to the Court Registry desk to let them know you’ve arrived. 

Legal help

The lawyer may want to speak with your child alone because information between a lawyer and their client is confidential. They may also want to speak with you.

Getting free legal help

All young people appearing before the court should be legally represented. The court can adjourn matters if you do not have a legal representative. If you have not already arranged a lawyer, a duty lawyer is available to your child. There’s no fee for a duty lawyer but you might have to wait a while, as they can get very busy. Free legal support is also available through Victoria Legal Aid. For more information see Legal Help.

Pleading

The lawyer talks to your child about whether to plead guilty, seek an adjournment (i.e. postpone for another day) or plead not guilty and go to contested hearing.

It is your child’s decision whether to plead guilty or not guilty. The lawyer does what your child asks them.

Going into court

Once your child’s lawyer has all the information they need and the magistrate is ready, your child is called into court with you.

The magistrate sits up the front and you sit at the back. Your child sits at a table in front of the magistrate with their lawyer and the police prosecutor.

Your child’s lawyer speaks to the magistrate on your child’s behalf. The magistrate may ask you or your child some questions, or ask if there’s anything you want to say.

Courtroom manners

Everyone who attends a courtroom must follow certain rules and manners.

• If you’re asked to address the magistrate, call them ‘Your Honour’.
• Stand up when the magistrate enters or leaves the room (watch the clerk that sits with the magistrate, they will tell you when to stand).
• If you have to leave or enter the room while the court is in session, stop at the doorway and give a small bow towards the magistrate.
• Sit quietly. If you don’t understand something, quietly ask your child’s lawyer to explain it to you.
• Don’t eat, drink or chew gum.
• Turn off your mobile phone.

Other people in court

The Court is generally open to the public and media. 

No one is allowed to publish any information about the court case that might identify your child.

When you and your child are in court with a magistrate, there will be other people allowed to participate in the hearing:

• the victim or a representative of the victim
• witnesses who are asked to come and give evidence
• the police prosecutor
• your child’s lawyer
• a youth justice officer
• another support person, such as a social worker
• someone from an Aboriginal or Torres Strait Islander welfare agency if your child is an Aboriginal or Torres Strait Islander person

The magistrate’s decision

After hearing all the information, the magistrate can make a ruling or decision. If your child pleads guilty, they might be sentenced the same day.

Alternatively, the magistrate might ask for more information about your child. If they order a pre-sentence report, this can take at least 3 weeks.

Your child’s lawyer or the police prosecutor can also ask for more time before sentencing.

If your child pleads not guilty, or the magistrate decides the matter needs to go to a higher court, it can take months before the case is finished.