News · Criminal law explainer
What happens at your first court date in NSW?
Getting a court attendance notice for the first time is stressful, and many people expect their first date to be a full hearing. In the New South Wales Local Court it is not. The first date is a mention. This note explains what a mention is, what you will be asked to do, whether you have to plead, and how to make the most of it.
By Aaron Kernaghan · Published 3 September 2026
Your first court date in the Local Court is almost always a mention, which is a short administrative appearance, not a trial. You will not give evidence and no witnesses are called. The court checks where the matter is up to, and you can ask for time to get advice and the brief of evidence before deciding how to plead. You usually do not have to enter a plea on the first date.
What is a first mention?
A mention is a short appearance where the court deals with the administration of the case, not the evidence. No witnesses give evidence and there is no trial. The magistrate checks whether you have a lawyer, whether you have the brief of evidence, and how you intend to plead, and sets what needs to happen next.
Many matters are listed together, so there can be a wait. When your matter is called, the appearance itself is usually brief.
Do you have to plead on the first date?
Usually not. On a first mention you can ask for an adjournment to get legal advice and to receive the brief of evidence before you decide how to plead. Courts routinely allow this, because deciding how to plead without seeing the evidence is unwise.
If you already know you will plead guilty and have advice, the matter can sometimes be dealt with on the first date. But there is no obligation to plead before you are ready.
What will you be asked to do?
You will be asked to identify yourself, to confirm whether you have or want a lawyer, and to indicate how the matter will proceed. If you need time, you ask for an adjournment, and the court sets the next date. If you are pleading guilty, the court may set the matter down for sentence or deal with it then.
If you are on bail, the conditions continue, and you should make sure you understand them. If you are not on bail, the court may consider bail where the charge requires it.
How should you prepare?
Get legal advice before the date if you can. Bring your court attendance notice and any documents you have. Dress neatly, arrive early, and find your courtroom on the list. Turn your phone off. If you have a lawyer, they can appear for you and, in many cases, you may not need to attend in person for a mention.
Do not try to argue the case at a mention. It is not the time or place for that. The mention is about setting the matter up properly.
What happens after the first mention?
If you plead not guilty, the matter is set down for a defended hearing, and directions are made for the brief and any witnesses. If you plead guilty, the matter proceeds to sentence, then or on a later date. If you need more time, the matter is adjourned to a further mention.
The first mention sets the direction. Our notes on the Local Court mention, how to plead, and the first thirty days explain the wider process.
Frequently asked.
What happens at your first court date in NSW?
It is usually a mention, a short administrative appearance, not a trial. No witnesses are called. The court checks where the matter is up to and you can seek time to get advice and the brief before deciding how to plead.
Do I have to plead guilty or not guilty on the first date?
Usually not. You can ask for an adjournment to get legal advice and the brief of evidence first. Courts routinely allow this.
Do I have to go to my first court date?
If you have a lawyer, they can often appear for you at a mention and you may not need to attend in person. If you are unrepresented, you should attend. Not appearing can lead to the matter proceeding without you or a warrant.
What should I bring to court?
Your court attendance notice and any relevant documents. Get legal advice beforehand if you can, arrive early, dress neatly, and turn off your phone.
What happens after the first mention?
If you plead not guilty, a defended hearing is set. If you plead guilty, the matter proceeds to sentence. If you need more time, it is adjourned to a further mention.
To speak to a criminal defence lawyer, call Aaron Kernaghan on 0421 717 019.
This article is written by Aaron Kernaghan, criminal defence lawyer at Good Legal Lawyers, as at 3 September 2026. It is commentary and reflects the personal opinion of the author only. It is not legal advice, it is not a substitute for advice on your own matter, and it does not purport to be accurate or complete. Any matter referred to may be before the court and any person charged is presumed innocent. For advice on a specific matter, contact Aaron Kernaghan on 0421 717 019 or contact the firm.
More criminal-law commentary by Aaron Kernaghan.
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