Criminal defence lawyers are in court on a regular basis and thus are familiar with both appropriate and inappropriate courtroom etiquette. However, for someone who has never been in a courtroom before you may not know how to act, what to say, or how to dress appropriately. As a lawyer, I make sure you understand appropriate courtroom etiquette prior to attending court with you. Whether you hire me as your lawyer, or whether you hire another lawyer or represent yourself, it is important you understand how to conduct yourself in a courtroom.

What Should I Wear to Court?

Lawyers will attend court in a suit or some other professional business attire. In circumstances where you are in the Superior Court of Justice a lawyer will be dressed in a gown. Our criminal courts certainly do not require that you attend court in the same attire as lawyers, however there is an expectation that you dress appropriately. This means that you cannot enter the courtroom wearing a hat, sunglasses or earphones and that you should not wear clothing that would be offensive or contain inappropriate language. You should also make an effort not to wear shorts to court.

You should consider wearing a suit, dress pants and a button-up shirt, or for women dress pants or a skirt, and a blouse. Although jeans and a t-shirt are acceptable, they should not be your first choice of clothing to wear to court. Being charged with a criminal offence is a serious matter, and it is important that you convey to the court that you are taking the proceedings seriously, and one way to do that is to dress appropriately.

Arriving at Court

Whether you are represented by a lawyer or you are representing yourself, it is important that you arrive at court on time. You would be wise to arrive 15 minutes in advance of when court is scheduled to start. Anyone who is not a lawyer, police officer or court administrative staff is required to go through security prior to entering the court. Arriving early for court may also give you an opportunity to speak with your lawyer or with a lawyer from the duty counsel office prior to court starting.

Waiting to be Called

Depending on whether you have hired a lawyer and how busy the court is that particular day, you may have to wait a while for your matter to be called or you may only be in court a few minutes. If you have not hired a lawyer, you can expect to be at court for a while. Anyone with a lawyer, agent or who requires the services of a translator will be called before all other individuals.

While you are waiting in court for your name to be called, it is not appropriate to read a book or the newspaper, neither is it appropriate to listen to music, use your Ipad or use your cell phone. Similarly, it is not appropriate to fall asleep or carry on a conversation with someone. You should also not bring any food or drink into the courtroom.

With respect to cell phones, you should turn your phone off before you enter the court. You don’t want to be that person whose cell phone rings or vibrates while court is going on. If your cell phone rings while court is going on it is not only embarrassing, but you will also certainly annoy the Judge or Justice of the Peace.

Addressing the Court

In circumstances where you have hired a lawyer or there is a duty counsel lawyer in the courtroom, the lawyer will be able to do most of the speaking on your behalf. However, there may be circumstances where you are required to address the court yourself, and therefore it is important that you understand how to appropriately speak to the court.

The first thing you should know is whether you are in front of a Judge or a Justice of the Peace. A Judge is referred to as “Your Honor” while a Justice of the Peace is referred to as “Your Worship”. The easiest way for you to identify whether you are in front of a Judge or a Justice of the Peace is to look at what colour sash the person is wearing with their robe. A Judge will always be wearing a red sash with his or her robe, and a Justice of the Peace will always be wearing a green sash.

Whether you are in front of a Judge or a Justice of the Peace you should stand when he or she enters the courtroom or exits the courtroom. If you enter the court or you have to leave the court while the Judge or Justice of the Peace is still in the courtroom, it is respectful to bow your head before exiting or upon entering the courtroom. Once the Judge or the Justice of the Peace has sat down, you will be instructed to sit down. You should remain sitting unless your name is called or you need to exit the courtroom.

When you name is called in court proceed immediately to the front of the court and identify yourself. It may seem like something simple but try to remember to say good morning or good afternoon. Here is how you should address the court when your name is called: Good morning Your Honor, my name is Stephen Jack, or Good afternoon Your Worship, my name is Stephen Jack.

When you are asked a question do not respond with a head nod or any other utterance. For example, you may be asked whether you are agreeable that your matter be adjourned to a particular date in the future, and an appropriate answer would be: Yes Your Worship I am agreeable to that date, or No Your Honor the suggested return date is not a good date for me, are there any other dates this matter can be adjourned to?

If you are asked a question just try to answer the question to the best of your ability, but at the same time try to keep your answer brief. Also try not to speak while someone else is speaking. Everything said in court is recorded and it is very difficult for the court reporter to identify what is being said when there are multiple people talking at the same time. Finally, try to be patient and polite. You will not achieve anything positive by getting into an argument with the Court or by being rude or disrespectful.

Contact Me

Criminal charges should be taken very seriously as the penalties can be severe and impact on your liberty. If you have been charged with a criminal offence, contact me immediately to arrange a free consultation.

Want to know what you can expect on the first court date? Find out now.

For more information on courtroom etiquette in the Superior Court of Justice click here.