You should take all papers given to you by the police or other prosecuting agency and all papers given to you by the court, as well as anything else that you think might be useful for the duty lawyer to see when advising and representing you.
This will include:
the prosecution notice
the statement of material facts
any bail papers
any medical reports
any written character references you may have obtained.
If you are making an application for a spent conviction order and you have obtained supporting character references and any other information, you should make sure you take these to court with you.
For more information about spent conviction orders, see Criminal records.
For more information about character references, see References for court.
What if I need an interpreter when I see the duty lawyer?
If you know that you will need an interpreter when you attend court, you should contact the court well before your court appearance to ask them to arrange an interpreter. This interpreter will then be available on the morning of your court appearance and can assist you during your interview with the duty lawyer and when you appear in court.
To arrange an interpreter for the Magistrates Court you simply need to call the court in which you are appearing and advise them that you need an interpreter. They will need to know your court date and the specific language you speak.
To arrange an interpreter for the Children's Court, you need to complete an Interpreter Request Form. This form is available at the Children's Court or you may download it from the Children's Court website under Children's Court Interpreter Services. It must be provided to the court well before your court appearance so that an interpreter can be booked. If you are a family member and you need an interpreter, you may still use this service.
Contact details for Magistrates and Children's Courts in WA may be found under Court locations on the Department of the Attorney General's website.
You should be aware that an interpreter may not be available for long and you should therefore make sure you attend court early to see the duty lawyer and the interpreter together.
What if there is no duty lawyer available?
If you want help from the duty lawyer but one is not available on the day you are at court, you can ask the court to adjourn (put off) your charge to a date when a duty lawyer will be available.
If you are appearing in a metropolitan court and your matter is listed in a court that deals only with traffic offences, there may not be a duty lawyer available at any time in that court. In this case, if your matter is particularly serious or complicated, the court may agree to transfer your case to the general court list so that you will have access to the duty lawyer service.
Otherwise, if there is no duty lawyer available and you have not engaged a private lawyer to represent you, you will have to represent yourself. The courts are used to people representing themselves and will guide you through the process. If you are concerned about your situation, or your case is particularly serious or complicated, it is best to get legal advice before you enter a plea of guilty or not guilty.
Is ongoing legal representation available?
At any time and for any offence, you can choose to be represented by a lawyer on an ongoing basis, rather than the one-off representation provided by the duty lawyer. If you want ongoing representation you will either need to pay a lawyer privately, or you can apply for legal aid and if successful, a lawyer will be paid by Legal Aid WA to help you. Legal aid is not available in all cases.
How can I apply for legal aid?
You can apply for legal aid through a lawyer, including through a duty lawyer at court. If you are in prison, you can apply through a representative of Legal Aid WA who visits the prison. For more information
This will include:
the prosecution notice
the statement of material facts
any bail papers
any medical reports
any written character references you may have obtained.
For more information about spent conviction orders, see Criminal records.
For more information about character references, see References for court.
What if I need an interpreter when I see the duty lawyer?
If you know that you will need an interpreter when you attend court, you should contact the court well before your court appearance to ask them to arrange an interpreter. This interpreter will then be available on the morning of your court appearance and can assist you during your interview with the duty lawyer and when you appear in court.
To arrange an interpreter for the Magistrates Court you simply need to call the court in which you are appearing and advise them that you need an interpreter. They will need to know your court date and the specific language you speak.
To arrange an interpreter for the Children's Court, you need to complete an Interpreter Request Form. This form is available at the Children's Court or you may download it from the Children's Court website under Children's Court Interpreter Services. It must be provided to the court well before your court appearance so that an interpreter can be booked. If you are a family member and you need an interpreter, you may still use this service.
Contact details for Magistrates and Children's Courts in WA may be found under Court locations on the Department of the Attorney General's website.
You should be aware that an interpreter may not be available for long and you should therefore make sure you attend court early to see the duty lawyer and the interpreter together.
What if there is no duty lawyer available?
If you want help from the duty lawyer but one is not available on the day you are at court, you can ask the court to adjourn (put off) your charge to a date when a duty lawyer will be available.
If you are appearing in a metropolitan court and your matter is listed in a court that deals only with traffic offences, there may not be a duty lawyer available at any time in that court. In this case, if your matter is particularly serious or complicated, the court may agree to transfer your case to the general court list so that you will have access to the duty lawyer service.
Otherwise, if there is no duty lawyer available and you have not engaged a private lawyer to represent you, you will have to represent yourself. The courts are used to people representing themselves and will guide you through the process. If you are concerned about your situation, or your case is particularly serious or complicated, it is best to get legal advice before you enter a plea of guilty or not guilty.
Is ongoing legal representation available?
At any time and for any offence, you can choose to be represented by a lawyer on an ongoing basis, rather than the one-off representation provided by the duty lawyer. If you want ongoing representation you will either need to pay a lawyer privately, or you can apply for legal aid and if successful, a lawyer will be paid by Legal Aid WA to help you. Legal aid is not available in all cases.
How can I apply for legal aid?
You can apply for legal aid through a lawyer, including through a duty lawyer at court. If you are in prison, you can apply through a representative of Legal Aid WA who visits the prison. For more information
