Guide to attending a court hearing

Understand the different types of courts in Queensland, and what to expect if you need to attend a court hearing.

There are 3 types of courts in Queensland that have rules you must follow.

This guide will help you understand what to expect if you need to attend a court hearing and what your responsibilities are, so you don’t break the law.

There are certain rules you must follow when going to court.

See courtroom rules on the Queensland Courts website.

You may be asked to attend court as a witness if you saw or heard something relevant to a case or were involved in the events in some way. The information you provide may help the court come to a fair decision. Victims of violent crime are very important witnesses.

You may also be asked to go to court as an expert witness—such as a doctor or engineer—to provide advice about the evidence presented.

You can be asked to appear as a witness for the prosecution or the defence. In either case you may be asked questions about what you know by both the defence and prosecution lawyers. This is to ensure the facts presented about the crime are correct.

If you have documents relevant to the case, you may be asked to bring these with you.

Receiving a summons or subpoena notice

You may be legally ordered to go to court as a witness, particularly if you are a witness for the prosecution.

This is called a ‘summons’ if you are needed as a witness in a Magistrates Court, or a ‘subpoena’ if you are called as a witness in a District or Supreme Court.

If you receive a summonsed or subpoenaed notice it will tell you when you need to go to court. If you do not attend court you may be found guilty of contempt of court and a warrant may be issued for your arrest.

Called to give evidence

You will be called to give evidence by a court official, called a court services officer in a Magistrates Court or a bailiff in a District and Supreme Court. They will ask you to go into the witness box and take an oath or affirmation. It is a crime to lie in court.

The lawyers for the defence and prosecution will ask you questions about what you know.  If you don't understand a question or you didn’t hear it properly, you can ask to have the question repeated.

When you finish giving evidence you will be released from your oath, you can stand down and leave the witness box.

If you are charged with a criminal offence, you are known as the ‘defendant’ or ‘accused’. In a civil matter you may be known as the ‘litigant’.

You are considered innocent until proven guilty beyond reasonable doubt.

Receiving a notice to appear

Your lawyer can tell you when to go to court or you may receive a notice or summons to appear which details what you are charged with, and when and where you need to go to court.

If you do not attend court you may be found guilty of contempt of court and a warrant may be issued for your arrest.

If you are in custody, you will be notified by corrective services officers or the police to appear in court.

Representing yourself in court

You don’t have to have a lawyer when you go to court—you can represent yourself in any of Queensland’s courts.

See representing yourself on the Queensland Courts website.

Called to give evidence

You do not have to give evidence in court, however it may help your case. Your lawyer is the best person to advise you whether to give evidence.

If you choose to give evidence, the prosecution lawyer and your own lawyer will ask you questions. It is a crime to lie in court.

You may be asked to be on a jury at a court hearing.

In most cases, jurors appear in the Supreme and District courts. A jury is made up of 12 people from the community, chosen at random. Together members of the jury decide on the guilty or not guilty verdict.

Prospective jurors should discuss their juror notice and summons with their employer and keep them updated during their jury service. Employers need to be aware of their obligations to make their employees available for jury service.

See Jury service on the Queensland Courts website.

The public and media can normally watch court matters from the public gallery at the back of the courtroom.

Family members of anyone involved in the case may also watch from the public gallery.

Witnesses can only watch a trial once they have given their evidence.

When you watch from the public gallery you are there as an observer—you should be quiet, watch and listen. You cannot take photos, record or transmit court proceedings in any way.

In special cases—for example, to protect a vulnerable witness—the judge may order a closed court, in which case you will not be allowed into the public gallery.

Cases heard in the Childrens Court (Magistrates Court) are held in a closed courtroom to protect the accused child’s identity, although the child’s immediate family are allowed in court to support them.

Cases heard in the Childrens Court of Queensland (District Court) and juvenile matters in the Supreme Court Trial Division and Court of Appeal are heard in open court, unless the presiding judge orders the court to be closed. No information identifying a juvenile defendant can be published in print or online media, or via social media.