Court Etiquette in Western Australia: How to Behave in Court

How do I address a magistrate in a WA court?

Address a magistrate as 'Your Honour'. This is the current form of address in the Magistrates Court of Western Australia. The older term 'Your Worship' is no longer used. District Court and Supreme Court judges are also addressed as 'Your Honour'. If you slip up, simply correct yourself and carry on, the court will not hold an honest mistake against you.

What should I wear to court in WA?

Wear clean, smart clothing. You do not need an expensive suit, but you should avoid singlets, shorts, thongs, ripped jeans, slogan t-shirts, hats and sunglasses. Aim for neat, conservative clothing, similar to what you might wear to a job interview, and take your hat off before entering the courtroom.

Can I record or film court proceedings?

No. Taking photographs, filming video or making an audio recording of court proceedings is not allowed in WA and can be a criminal offence under the laws governing court security. This applies to your phone as well. Turn your phone off before you go into the courtroom. Only accredited media may report on a case, and even then strict rules and any suppression orders apply.

Do I have to stand up in court?

Yes, at certain times. You should stand when the magistrate or judge enters or leaves the courtroom, and when they speak to you or you speak to them. The main exception is when you are giving evidence from the witness box, where you usually stay seated. If you have a disability or medical condition that makes standing difficult, let the court staff know and the court will accommodate you.

What happens if I am late to court?

Try very hard not to be. If you are late, your case might be heard in your absence, or a warrant might be issued for your arrest if you are the accused. If something unavoidable happens on the day, phone the court registry as soon as possible to explain, and get there as quickly as you safely can. Arriving at least 30 minutes early avoids this risk.

Should I bow when I enter the courtroom?

Yes, it is customary. As you enter and leave the courtroom, bow your head towards the bench, which is the raised seat where the magistrate or judge sits, beneath the coat of arms. A small, respectful nod is all that is needed. You should also be quiet so you do not disrupt any case being heard.

Which court will my matter be heard in?

Almost all adult criminal cases in WA start in the Magistrates Court of Western Australia. Less serious matters are finalised there. More serious (indictable) offences are sent up to the District Court of Western Australia, and the most serious matters, such as murder and manslaughter, go to the Supreme Court of Western Australia. If you are under 18, your matter is usually heard in the Children's Court of Western Australia.

Can I bring a support person, and can they sit with me?

Yes. You can bring a friend or family member for support. In an open court they can sit in the public seating. They must follow the same etiquette as everyone else: phones off, no talking during proceedings and no recording. Note that the Children's Court is usually closed to the public, so who can attend is more limited.

What if English is not my first language?

You can ask the court to arrange an interpreter, and it is best to request one well before your court date by contacting the court registry. Do not rely on a friend or family member to interpret formal proceedings. Using a qualified court interpreter makes sure you understand everything and can take part properly.

Is there a free lawyer at court who can help me?

Often, yes. Legal Aid WA and the Aboriginal Legal Service of WA provide duty lawyers at many WA courts who can give you free help on the day, though they are usually very busy. Arrive early and ask the court staff how to see the duty lawyer. For more involved help it is far better to get advice before your court date.