VIC How to address court room staff

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adav6638

Well-Known Member
15 December 2023
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Is there a way of addressing each staff in a local magistrates court? Where do you find this information? My law books (I.e. Introduction to Australian Law and Statutory Interpretation) don't mention it.
I'm new to court processes and vicariously have learnt to call judges 'your honour' and bow to them when entering/exiting the room. What about court registrars, solicitors and prosecuters?

Are all prosecuters police only?

I've been both the plaintiff and defendant and have been embarrassed when saying the wrong terms such as by calling other staff 'your honour', or replying with, 'your highest honour sir/madam' and the last thing I would want to come across as is being rude or impolite.

Who do you call Sir or Madam?


Is it different in district and supreme courts?


Also, Is it normal to attend court in packed rooms whilst many others have their cases heard in front of everyone else? It seems like a breach of privacy but at the same time I find other cases interesting (most are AVOs or drug offences).
Many other drug or violence cases I've listened in on, the defendants don't address the staff/magistrates in any way at all and I wonder if this influences the court outcome or sentence.

Sorry for all the questions but I would like to know the answers as my courses and texts haven't provided it, even though I've passed these introductory units.
Also what if you don't bow?

Thanks.
 

Tim W

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28 April 2014
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Is there a way of addressing each staff in a local magistrates court?
If you don't know what you're doing, then "Ma'am and "Sir" are sufficient.
I'm new to court processes and vicariously have learnt to call judges 'your honour' and bow to them when entering/exiting the room. What about court registrars, solicitors and prosecuters?
Don't bow to them.

--> Let's be clear about one thing - If you are a law student then you have no business appearing in court.
(so no, no helping out your friends...)
If you're just a private citizen trying to show respect, then plain old good manners will be enough.
Are all prosecuters police only?
Short answer... No. But in the Magistrates Court, most of them are.
I've been both the plaintiff and defendant and have been embarrassed when saying the wrong terms such as by calling other staff 'your honour', or replying with, 'your highest honour sir/madam' and the last thing I would want to come across as is being rude or impolite.
Maybe stop trying so hard?
Plain old good manners will get a private citizen past almost any difficulty.
Who do you call Sir or Madam?
Everyone except the Magistrate.
Is it different in district and supreme courts?
Yes, a lot. Much more formal. But don't worry, you'll get lessons when the time comes.
Also, Is it normal to attend court in packed rooms whilst many others have their cases heard in front of everyone else? It seems like a breach of privacy but at the same time I find other cases interesting (most are AVOs or drug offences).
Yes. There is no concept of privacy of the kind you're thinking of.
What you're seeing is a thing called "open justice" - justice, literally, being seen to be done.
Many other drug or violence cases I've listened in on, the defendants don't address the staff/magistrates in any way at all and I wonder if this influences the court outcome or sentence.
Nah. Not unless they're rude or abusive.
Or a sovereign citizen.

Sorry for all the questions but I would like to know the answers as my courses and texts haven't provided it, even though I've passed these introductory units.
No harm done. Questions are why we exist.
Also what if you don't bow?
You will usually find that the court will very often tolerate a private citizen failing to bow,
as long as they are not contemptuous about it.
Overall, bowing to the Magistrate is something expected - even required - of lawyers.
It's nice when private citizens do it, and customary.
But it's not compulsory for normal people the way it is for lawyers.
As long as you are polite overall, then the world will keep turning.