If you’ve been issued a Notice to Appear in Queensland, it’s important to understand what it is, how it works, and what steps you need to take. A Notice to Appear is a legal document usually issued by a police officer requiring you to attend a Magistrates Court at a specific date and time. This process is commonly used for a wide range of offences and can apply in Brisbane, Gold Coast, Sunshine Coast, Ipswich and other South East Queensland courts.
Issuing: How are you issued a Notice to Appear in Queensland ?
One of the most common ways an accused person is summoned to appear in Court is to be issued a Notice to Appear by a Police Officer. Depending on the offence, police may require the accused to attend the Arrest Court in Roma Street, Brisbane, or a Regional Magistrates Court near their location. For residents and clients in South East Queensland, this could include:
-
Brisbane CBD: Brisbane Magistrates Court, Roma Street
-
Stafford: Magistrates Court Brisbane North, Stafford
-
Upper Mount Gravatt: Magistrates Court Brisbane South, Upper Mount Gravatt
-
Ipswich: Ipswich Magistrates Court
-
Mermaid Beach / Gold Coast: Southport Magistrates Court
-
Birtinya / Sunshine Coast: Maroochydore Magistrates Court
Issuance of a Notice to Appear means you are legally required to attend the relevant court at the date and time specified.
What it looks like: What does a Notice to Appear in Court look like?
A Notice to Appear is typically a small, notebook-sized document handwritten by the arresting police officer. It specifies:
-
The full name of the accused
-
The offence they are charged with
-
The court, date, and time for appearance
-
The signature of the issuing officer
This document is your official instruction to attend court; there is no separate form to indicate your intention to appear.
What is it: What is a Police “Notice to Appear”?
A Notice to Appear is often the only document that indicates the charge being brought against you. Its issuance legally requires you to appear in court. Failing to attend can result in a warrant for your arrest.
What to Do if You Receive a Notice to Appear
Once issued with a Notice to Appear:
-
Attend the court listed on your document.
-
Seek legal advice as soon as possible from an experienced solicitor.
-
Bring your Notice to Appear to court and arrive early.
Once issued with that document, you must appear before the Court mentioned in the Notice.
First Court Appearance
At your first appearance:
-
You may not have access to the formal complaint or evidence.
-
You can request an adjournment to obtain legal advice.
-
Address the court as “Your Honour” and respectfully request additional time if unrepresented.
Having a solicitor present often allows your case to proceed more efficiently, especially in busy courts like Roma Street, Brisbane, where more than 100 files may be dealt with on any given morning.
On the Day:
You should take your Notice to Appear with you to the Court and be early enough to present yourself to the Prosecutor in the Court in which you are to appear. You should also ask the Court Officer (particularly if appearing in Brisbane) for your file number so you can mention that number to the prosecutor. The Arrest Court in Roma Street Brisbane often has more than 100 files to deal with on any morning and it is important to be prepared.
Upon presentation to the Prosecutor, they will pull your file from the pile and place it on the bar table in an order which represents the order in which the appearances will be done.
It is usual in Queensland Courts for represented parties (those appearing with their Solicitor) to be mentioned in the Court prior to unrepresented parties. Having your solicitor with you at the appearance will help to commence and conclude the proceedings much more quickly.
Addressing the Court:
In the event that you are required to appear on your own, you should address the Court as “Your Honour” and respectfully request an adjournment for a period of two (2) weeks to obtain legal advice or to potentially liaise with the prosecution in relation to the matter.
Request for Bail/Adjournment:
At your first appearance, bail is usually granted, and the court often allows an adjournment to seek legal advice or liaise with the prosecution. If you have prior bail issues, the prosecution may oppose bail, making legal representation essential.
What to do:
Receiving a Notice to Appear in Queensland is serious. To safeguard your rights, it’s strongly recommended to obtain professional legal advice. Bennett Carroll Solicitors can guide you through every step, whether in Brisbane, Gold Coast, or Sunshine Coast offices, or even remotely via phone, email, or video. Contact us to ensure your first appearance and future proceedings are handled correctly.
Call us on 1300 334 566 or email info@bcglaw.com.au and safeguard your interests every step of the way- We are your legal problem solvers.
Links
-
Bennett Carroll Solicitors- Criminal & Traffic Law
