Legal Assistance

Sometimes the law and legal system can be confusing, and you might need to speak to someone who can advise you on how to resolve your legal issue. A lawyer can give advice, read and explain documents, help you with forms or applications, and may represent you in Court if this is what you agree to.

Tasmania has a legal assistance sector to help vulnerable and disadvantaged Tasmanians to get legal help if they need it. Tasmanian Legal Aid provides government-funded legal information, advice, referrals and representation. Community Legal Centres can provide free or low-cost legal services. The Tasmanian Aboriginal Legal Service if a community-based service which offers culturally safe and appropriate assistance for Aboriginal Tasmanians. See Get Started for links to these organisations.

You can hire your own lawyer, or perhaps friends or family can recommend a law firm they have used before. Make sure you ask about their fee structure as in most cases, you will be responsible for paying them. If you are a victim of a crime and the court finds in your favour, you may not have to pay your legal fees. This depends on the nature of the matter you are involved in, so if you choose to hire a private lawyer, ask them about their fees before engaging them to act for you.

The Law Society of Tasmania can help you find a lawyer, see Get Started for the link to their website to find out more about lawyers and law firms in Tasmania.

The Diversion List

The Diversion List is a court just for defendants with mental illness and/or impaired intellectual functioning and aims to improve general wellbeing of people on the list, reduce reoffending and reduce the use of criminal justice punishments for health-related behaviours.

You may be eligible to take part if you have been charged with a minor offence, and have a mental illness, intellectual disability, brain injury or autism spectrum disorder. You can ask your lawyer or legal assistance provider about the Diversion List or see Get Started for a link to more information.

Going to Court

There are several different types of Courts in Tasmania. The Magistrate’s Court is the main day to day court. The Supreme Court is the highest State Court in Tasmania and is for serious criminal matters and appeals from the Magistrate’s Court. The Commonwealth Courts are: the Family Court, the Federal Circuit Court and the Federal Court. For most matters, both civil and criminal (unless they are serious criminal matters), the Magistrate’s Court if where you would be required to appear.

Preparing for Court

Going to Court can be a stressful experience, so it is best to prepare well to get the best outcome. If you are a defendant, victim or a witness, you will first receive a summons letter to tell you that you must go to Court and the reason why, which location (Hobart, Launceston, Burnie or Devonport) and at what time. You might like to ask someone you trust to help you read and understand the summons. You can also phone The Magistrate’s Court for assistance (see Get Started for contact details).

Make sure to keep the summons document in a safe place, as you will need to take it with you on the day.

It is a good idea to ask a trusted friend or family member to support you on the day of Court, as it can be stressful. Tell the court of any special requirements you may need. You can also contact an advocate for help (see Service Providers for more information about advocacy in Tasmania).

If you are a defendant, it’s a good idea to talk to a lawyer before going to Court. They will help understand what will happen and what to do to prepare. Be sure to provide assessment documents or reports about your disability to your lawyer or the Court staff so they understand your needs.

If you have not been able to get legal advice before your Court date, you can speak to the duty lawyer on the day, this is a free service provided by the Hobart Community Legal Service. They can help with getting an adjournment or referral, or with simple please of guilty. See Get Started for more information.

The day before (after 4.30PM), look on the Court website to find out which courtroom you are scheduled to appear in. Charge you phone, get smart clean clothes together, and a backpack for belongings. Contact your transport provider or check the bus timetable, and remind your support person.

On the day, make sure to take your phone, the summons document, supporting documents or cards regarding your disability, your purse or wallet, personal ID, snacks, food and water.

 

Arriving at Court

When you arrive at Court you will first go through security, where your bags and personal items will be checked. Any weapons or sharp items will be taken and given to police, and you will go through the metal detector or be scanned with a handheld device.

In the Court waiting area, check the daily court list on the wall to find your name and Court room number you will need to go to. The waiting area can be busy and noisy. If you feel uncomfortable in the waiting area, you can ask Court staff if there is a quieter place available where you can wait. If you need to leave the waiting area for any reason, make sure you let someone know, for example security, your lawyer or Court staff.

You will be called when it is your turn. It is a good idea to bring along something to read while you are waiting, or an iPad or game. Make sure you listen carefully for your name to be called by Court staff, or ask your support person to listen.

In the Court

When you are called, turn off your phone or device, and enter the Court room. Inside the Court the Magistrate, who is in charge of hearing the case, sits on a raised platform looking over the court. Everyone must call them Your Honour. Court staff, security and lawyers have specific places to sit in court. The media may also be in Court. When the Magistrate enters, the Court Clerk instructs everyone to stand. If a person can’t stand up due to injury or disability, they can stay seated, but they must tell their lawyer or Court staff before coming into Court.

People in Court must not talk unless asked to. Whether you are there as a witness, defendant or the victim of a crime, when you are asked to speak answer questions clearly and truthfully. Take your time.

If you are a defendant or a victim, you can ask your lawyer for advice. They will help you to understand what to expect in Court and can answer any questions you might have about the process.

Witnesses are sworn to tell the truth by either oath (a promise to God) or affirmation (a non religious promise). Witnesses should take their time and let the magistrate know if they need more time or do not understand.

For more information and links to videos about what happens in the Court, see Get Started.

Alternatives to Court

Young people (aged 10 to 17) who have been spoken to by police in relation to an offence may be eligible for an alternative pathway than going to Court. For less serious offences, an informal caution may be given, with no need to attend Court and no further penalties.

A formal caution might be given in more serious cases, and as well as being recorded by police, they may apply a penalty such as community service or payment of compensation to the victim of the offence.

A Community Conference is something the police may decide is appropriate for an offence that is too serious for an informal or formal caution. A Community Conference is a meeting between the offender, the victim or victims, police and may also include community members, youth workers and a facilitator. The Facilitator may choose to include others impacted by the offence. The offender can bring a support person along. Any punishment that is decided must be agreed to by the offender, the victim/s and police.

See Get Started for more information on alternatives to Court for young offenders.