The short answer
Your first Queensland court date (and any subsequent court date) is called a “mention.” The first mention is usually a short, administrative appearance in the Magistrates Court where the charge is read out and you (or your lawyer) tell the court how you intend to plead: guilty, not guilty, or that you need more time (an adjournment). It is not a trial, no evidence is called, and for most charges it’s over in a few minutes. What happens next depends entirely on your plea: a guilty plea can sometimes be dealt with that same day, though it might be adjourned to get supporting material, or adjourned to another date for a complicated or serious matter. A not-guilty plea to a simple offence gets adjourned for directions for the disclosure of a brief of evidence and a summary trial date. A more serious indictable charge (one that isn’t dealt with summarily in the Magistrates Court) is adjourned so it can proceed along the committal pathway toward the District or Supreme Court.
If you’ve been given a court date and want to know exactly where you stand before you say anything to police or the court, contact us confidentially, day or night for urgent matters.
What is a “mention”, and do I actually have to go?
A mention is simply a listing where your matter is called in court so a Magistrate can receive an update from the prosecution and you (or your lawyer) and manage the case toward its next step. For most summary charges in Queensland Magistrates Courts, the Magistrate reads charges and asks for your plea; that’s the entire purpose of the appearance.
Whether you personally have to attend court depends on your circumstances: if you’re on a notice to appear, on bail without a lawyer, or the court has otherwise required your personal attendance, you need to be there (or risk a warrant; see below). If you have a lawyer and the appearance is a straightforward adjournment, it’s common for the lawyer to appear on your behalf. But bail conditions, particular charges, local customs, or a Magistrate’s specific direction can require you to attend in person regardless. Confirm this with your lawyer before your court date rather than assuming either way.
What actually happens when the matter is called at your first mention?
The prosecutor or Magistrate calls your name (or your lawyer announces their appearance), the charge is read or taken as read, and the Magistrate asks for your plea. For most first mentions, one of three things happens next:
- You (or your lawyer) ask for an adjournment: to get advice, see a lawyer for the first time, or review the QP9 (the police summary of the alleged facts) before deciding how to plead. The Magistrate sets a new date and you (or your lawyer) return then.
- You plead guilty: the prosecutor reads the summary of facts, and, particularly for simple/minor matters, the Magistrate can sentence you that day.
- You plead not guilty: the matter is adjourned for a brief and evidence and/or set down for a summary trial (simple offences and some indictable offences dealt with summarily), or adjourned for a full brief of evidence and committal (more serious indictable offences); see below.
Can I get an adjournment to see a lawyer or think it over?
Yes. Asking for more time is one of the most common outcomes of a first mention, and Magistrates routinely grant a short adjournment (e.g. 2 to 4 weeks) so you can get legal advice or obtain your QP9 before entering a plea. There’s no reason to plead to anything on the spot if you haven’t had a chance to see a lawyer; a rushed guilty plea on facts you haven’t checked is very hard to undo later (see why the QP9 matters before you plead).
What happens if I plead guilty at the first mention?
If you plead guilty, the prosecutor reads a summary of the alleged facts to the court (drawn from your QP9), and the Magistrate sentences you based on that summary, your criminal history, and anything put forward on your behalf: references, reports, or submissions about your circumstances. For straightforward, less serious matters this can generally happen on the same day. For anything more serious, or where there’s more to put before the court, it’s common to be sentenced on another date instead, to allow time to gather references and other material.
Because you’re being sentenced on the facts as summarised, not necessarily the full picture, it’s worth having those facts checked by a lawyer before you plead, not after.
What happens if I plead not guilty to a simple offence?
For a simple (summary) offence (most traffic matters, and lower-level charges dealt with entirely in the Magistrates Court), a not-guilty plea means the Magistrate lists the matter for a summary hearing, where the prosecution calls its evidence and witnesses are cross-examined, similar in structure to a trial but heard by a Magistrate alone rather than a jury. You can give evidence, or call evidence from witnesses, and then the Magistrate decides if you are guilty or not guilty.
What happens for more serious (indictable) charges? The committal process
Many indictable offences (assaults, drug charges, sexual offences, fraud, and others) can be dealt with summarily in the Magistrates Court under sections 552A, 552B and 552BA of the Criminal Code (Qld) if the prosecution and, for some charges, the defendant agree, and the Magistrate considers it appropriate. Where a charge is not dealt with summarily (because it’s too serious, or either side elects for it to proceed on indictment), that starts the committal process. If a brief of evidence has not yet been ordered, then that order is made. Once the brief of evidence has been disclosed to you or your lawyer, there are a few ways through committal. The most common is a Registry Committal, where an application is made for your charge(s) to proceed to the District or Supreme Court without a Magistrate having to consider the evidence. Alternatively, a “full hand-up” committal can occur, where the Magistrate examines the prosecution case on the papers (and sometimes with cross-examination of witnesses) to decide whether there is enough evidence for a jury to convict. If there is, you’re committed for trial (contesting the charge) or sentence (pleading guilty) in the District or Supreme Court; if there isn’t, the charge is discharged.
This is also the point at which the prosecution’s disclosure obligations expand well beyond the QP9. See our explainer on what the QP9 covers, and what more you’re entitled to for a committal.
Is bail decided at my first mention?
If you were refused bail by police and held in custody, your first court date will usually also be your first opportunity to apply for bail before a Magistrate. If you’re already out on bail (police bail or a watchhouse bail undertaking), the first mention doesn’t usually reopen that question unless something changes. For the full picture of how a bail decision is actually made, including the “show cause” offences and the “unacceptable risk” test, see How Bail Works in Queensland. If you’re on a Notice to Appear, bail is usually granted without issue, usually without any specific conditions other than the requirement to turn up to court when required, but sometimes specific conditions may be sought by the prosecutor (e.g. no-contact conditions, reporting conditions).
What if I don’t turn up at all?
Missing a mention without a lawyer appearing for you is a serious problem: the court can issue a warrant for your arrest, and it becomes another matter for you to answer for on top of the original charge. If something genuinely prevents you from attending (illness, an emergency, or you simply can’t make the date), get a lawyer to appear for you or contact the court before the date, not after. If you’ve failed to appear, you should surrender yourself to the court as soon as possible afterwards to try and resolve the missed appearance and “show cause” for your failed appearance.
What should I do before my first mention?
- Get your QP9 checked before you enter a plea. See what a QP9 is and how to get a copy; the facts in it are what any guilty plea and sentence will actually be based on.
- Ask for an adjournment if you haven’t had legal advice yet. There’s no downside to taking the extra time.
- Confirm whether you need to personally attend, especially if you’re on bail with conditions, or the charge is more serious.
- Start gathering references and supporting material early if you’re likely to plead guilty; the earlier this is in hand, the better it can be presented.
Whatever you’ve been charged with, the first mention sets the tone for everything that follows. If you’ve been given a court date, contact us for confidential advice (available 24/7 for urgent matters), or read about how we handle specific charges: assaults, drug offences, sexual offences, or bail applications.
This article is general legal information, not advice about your situation.
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