What the ACT Magistrates Court does
The ACT Magistrates Court is the territory's principal court of summary jurisdiction, meaning it hears and decides less serious matters before a single magistrate (without a jury). In criminal cases it deals with summary offences, takes guilty and not-guilty pleas, sentences offenders, hears bail applications, and runs committal proceedings that decide whether more serious (indictable) charges should be sent up to the ACT Supreme Court. In civil cases it determines debt and monetary claims up to its jurisdictional limit, including a small claims process. The court also administers a range of specialist lists, including the Childrens Court, the Coroners Court, the Industrial Court, and culturally specific sentencing courts.
What it hears
- Criminal matters - summary offences (less serious crimes heard and decided by a magistrate), pleas, sentencing, and bail applications
- Committal proceedings - preliminary hearings for serious indictable offences to decide whether they go up to the ACT Supreme Court
- Civil disputes - debt and monetary claims up to the court's jurisdictional limit, including a small claims process
- Family violence and personal protection orders (Family Violence Court and protection order applications)
- Childrens Court matters - criminal and care/protection cases involving young people
- Coroners Court - inquests and inquiries into reportable deaths and fires
- Industrial Court jurisdiction - workplace and industrial matters
- Specialist sentencing lists - the Galambany Court (for adults) and the Warrumbul Circle Sentencing Court (for young people) for Aboriginal and Torres Strait Islander people
Before your first court date
A criminal matter usually starts in one of two ways. The first is by arrest, where police charge you and either release you on bail or hold you in custody until court. The second is by a summons or court attendance notice, a document that tells you the charge and the date, time, and place you must appear. If police have granted you bail, read any conditions carefully, because breaching them can lead to fresh charges. Before your first date it is worth getting legal advice, gathering any paperwork the police gave you, and noting down what you want to do (for example, seek time to get advice, or enter a plea). For civil claims, a matter begins by lodging the relevant originating documents with the registry, and the court publishes checklists for lodging claims and information on allowable costs.
What happens at your first appearance
Your first criminal appearance is called a "mention." The magistrate will ask how you wish to proceed. If you are not in custody you can usually ask for an adjournment to get legal advice, plead guilty (and possibly be sentenced that day if the court has enough information), or plead not guilty and have the matter listed for a case management hearing. If police refused you bail, you can apply for bail to the magistrate at this first appearance; Legal Aid duty lawyers are generally available at the court to advise and represent people on bail. The court hears submissions from both you and the prosecutor and weighs factors such as the risk of further offending, interference with witnesses, and the likelihood that you will turn up at the next date, then grants bail unconditionally, grants it with conditions, or refuses it. Not-guilty pleas move on to a case management and hearing process, and the most serious charges proceed by way of committal before any trial in the ACT Supreme Court.
What to prepare
- Any documents you have received, such as the summons, court attendance notice, charge sheet, or bail paperwork
- A note of your court date, time, and the courtroom or list, and allow time to get through security
- Photo identification and your contact details, plus details of anyone who can be a referee or support person
- For civil matters, copies of contracts, invoices, letters, and other evidence relevant to the claim, and the registry's lodging checklist
- A short written summary of what happened and what outcome you are seeking, so you can explain it clearly
- Contact details for a lawyer or the Legal Aid duty lawyer, and arrangements for an interpreter if you need one
When to get legal advice
This page gives general legal information, not legal advice. You should speak to a lawyer if you are facing a criminal charge, if bail has been refused or you want to apply for or vary bail, if you are unsure whether to plead guilty or not guilty, or if your matter may be committed to the ACT Supreme Court. It is also wise to get advice for family violence or protection order applications, Childrens Court matters, coronial inquests, and civil claims where money or a contract is in dispute. A lawyer can explain how the law applies to your specific facts, the likely consequences, and your options. Through this free service you can speak to an admitted Australian lawyer and book a fixed-fee consultation if you would like tailored advice.
Where it is
ACT Magistrates Court, 4-6 Knowles Place, Canberra City ACT 2601 (postal: GPO Box 370, Canberra City ACT 2601). General enquiries: (02) 6205 0000. The court is in the city's law courts precinct in Canberra Civic, within walking distance of the city bus interchange and public parking. The building is generally open 8:30am to 4:30pm, with the enquiry counters open 9:00am to 4:30pm Monday to Friday. Allow time to clear security screening when you arrive.
Frequently asked questions
Where is the ACT Magistrates Court and how do I contact it?
The court is at 4-6 Knowles Place, Canberra City ACT 2601, in the Canberra Civic law courts precinct. The postal address is GPO Box 370, Canberra City ACT 2601, and general enquiries are on (02) 6205 0000. The building is generally open 8:30am to 4:30pm, with enquiry counters open 9:00am to 4:30pm Monday to Friday.
What is a 'mention' and what happens at my first appearance?
A mention is your first criminal court appearance. The magistrate asks how you want to proceed. If you are not in custody you can usually seek an adjournment to get advice, plead guilty (and possibly be sentenced that day), or plead not guilty and have the matter listed for a case management hearing.
Can I apply for bail at the ACT Magistrates Court?
Yes. If police refused you bail, you can apply to the magistrate at your first appearance. The court weighs factors such as the risk of further offending, interference with witnesses, and whether you are likely to attend the next date, then grants bail unconditionally, grants it with conditions, or refuses it. Legal Aid duty lawyers are generally available to help.
Is there a duty lawyer at the court?
Legal Aid duty lawyers are generally available at the court and can advise and represent people, particularly on bail. They are a good first point of contact if you do not yet have your own lawyer, though they cannot run a full defence for every matter, so getting your own legal advice is often worthwhile.
What is a committal and will my matter go to the ACT Supreme Court?
Committal proceedings are preliminary hearings in the Magistrates Court for serious (indictable) offences. They decide whether there is enough to send the charge up to the ACT Supreme Court for trial or sentence. Less serious (summary) offences are heard and decided in the Magistrates Court itself.
What kinds of civil claims can the court hear?
The court hears debt and monetary claims up to its jurisdictional limit, and runs a small claims process for lower-value disputes. A claim is started by lodging the relevant originating documents with the registry. The court publishes checklists for lodging claims and information on allowable costs, and offers mediation or conferencing before a contested hearing.
Do I have to go to court if I received a summons or court attendance notice?
A summons or court attendance notice is a formal direction to appear at a stated date, time, and place. You should attend or arrange legal representation, because failing to appear can have serious consequences, including a warrant being issued. If a date does not suit, get legal advice promptly rather than simply not turning up.
Does this page give legal advice?
No. This page provides general legal information about the ACT Magistrates Court. It is not legal advice and does not take account of your individual circumstances. For advice on your specific situation you can speak to an admitted Australian lawyer through this free service and book a fixed-fee consultation if you wish.