Facing Criminal Charges in the NSW Local Court? Here’s What to Expect

Being charged with a criminal offence in New South Wales can be overwhelming—especially if you’ve never been to court before. At Elbob & Stephenson Legal, we understand how stressful this time can be. That’s why we’re committed to guiding you through the process with clear advice, honest communication, and strong representation at every step.

Here’s what you can expect as your matter progresses through the NSW Local Court system, and how we can help make that process less daunting.

What Happens at Your First Court Appearance in NSW

1. First Mention – Your Initial Court Appearance

Your first court date is known as a Mention. It is a procedural hearing, meaning that no witnesses will be called and no evidence will be tested.

At the first mention, the court will:

  • Confirm the charges you are facing
  • Ask whether you are pleading guilty or not guilty
  • Consider whether the matter should be listed for a sentence hearing, brief service orders or a contested hearing if Domestic Violence related, or whether the matter should be adjourned to allow time for legal advice, negotiations, participation in court programs or gathering further material

If you’re not ready to enter a plea and would like more time, we can also seek an adjournment to allow for further legal advice.

NSW Criminal Court Process After First Mention

2. Case Conference or Further Mention – Negotiating and Narrowing the Issues

If you are pleading not guilty, or if the matter has not yet resolved, it will often be relisted for a Further Mention.

At this stage:

  • We will engage in negotiations with the prosecution to discuss whether the charges can be withdrawn, downgraded, or amended
  • We assess the strength of the prosecution case and whether resolution can be reached
  • If the matter cannot be resolved, it is listed for a Hearing

Pleading Guilty in NSW Local Court

3. Sentence Hearing – If You Plead Guilty

If you decide to plead guilty, either early or after negotiations—your matter will proceed to a Sentencing Hearing.

At this stage:

  1. The police will tender the Fact Sheet and your criminal history (if applicable)
  2. We will make submissions to the court about your personal circumstances, your explanation for the offending, and any mitigating factors
  3. Supporting documents such as character references, rehabilitation reports, or medical/psychological material may be presented
  4. The Magistrate will then decide the appropriate penalty

Sentencing Outcomes in NSW Local Court

Sentencing outcomes in the Local Court may include:

  • No Conviction (section 10 dismissal or Conditional Release Order without conviction)
  • Conditional Release Order (CRO)
  • Community Correction Order (CCO)
  • Intensive Correction Order (ICO)
  • Fines or bonds
  • Imprisonment, in more serious cases

Our job is to present your case in the strongest possible light and ensure that your side of the story is properly understood.

Pleading Not Guilty in NSW Local Court

4. Hearing – If You Plead Not Guilty

If you maintain a not guilty plea, your matter will be listed for a Hearing in the Local Court.

At a hearing:

  • The prosecution presents their case, including witnesses and evidence
  • We will cross-examine witnesses and may call evidence on your behalf
  • You may choose to give evidence, but you are not required to do so
  • After hearing both sides, the Magistrate will make a decision and find you either guilty or not guilty

If you are found not guilty, the matter is dismissed, and you are free to go. If found guilty, the Magistrate will proceed to sentence you either on the same day or at a later date if further material (e.g. a pre-sentence report) is needed.

How Criminal Matters Progress Through NSW Local Court

Here’s a simplified overview of the usual process:

  1. Charged by Police
  2. First Mention in the Local Court
  3. Further Mention if required
    • Sentence Hearing (if pleading guilty) OR
    • Hearing (if pleading not guilty) ↓
  4. Sentencing (if found guilty)

How Elbob & Stephenson Legal Can Help With Your Criminal Matter

We understand that being charged with an offence can be one of the most stressful experiences in your life. You may feel anxious, unsure of your rights, and worried about your future. That’s where we come in.

At Elbob & Stephenson Legal, we:

  • Guide you through each step of the court process
  • Communicate clearly and promptly, so you’re never left in the dark
  • Build strong legal strategies tailored to your situation
  • Negotiate with police and prosecutors to seek the best outcome
  • Appear with you in court and advocate fearlessly on your behalf

We’re not just here to represent you, we’re here to support you.

Contact Our NSW Criminal Defence Lawyers Today

Speak to a Criminal Defence Lawyer Today

If you’ve been charged or are due to appear in court, don’t go through it alone. Let us help you make informed decisions, protect your rights, and achieve the best result possible.

Need to speak with a lawyer?

Our experienced lawyers are here to help you understand your legal rights and options. Contact us for a confidential discussion about your situation.

View our most recent articles