The courtroom is a formal place guided by strict rules and demands a respectful, sensitive and serious attitude from attendees. From plaintiffs and defendants to witnesses and lawyers, everybody has defined roles, responsibilities and rules. A behaviour or attitude that appears normal in everyday life is often regarded as inappropriate in a court of law. If you are appearing in court for the first time as a defendant and are unfamiliar with its etiquette, you may find this blog helpful.
How Should You Dress, Speak and Act in Court?
What You Should Wear
While lawyers have a definite dress code (think suits or other professional business attire), you do not. However, you are expected to wear something formal, just as you would in an office or to a religious ceremony. Hats, sunglasses and/or earphones are not allowed inside the courtroom, and you should not wear anything offensive or that contains inappropriate language. The Canadian court system is conservative and dressing inappropriately gives the impression that you are not taking the proceedings seriously, even though it may not be true.
When to Arrive
Whether you have hired a criminal defence lawyer or you are representing yourself, it’s important to arrive at court on time. Lawyers, police officers and court administrative staff do not need to go through security checks before entering the courthouse but you will. So, it would be wise to arrive at least 15 minutes before your scheduled start. When proceedings begin, the Crown Attorney will introduce themselves and defendant names off a list called a docket. Defendants with lawyers are taken care of before those without, but it’s best to arrive well beforehand and wait your turn. Moreover, arriving early gives you an opportunity to talk to counsel.
Waiting Your Turn
How long you have to wait for your name to be called will depend on whether you have hired a criminal defence lawyer and how busy the court is. While you wait, it is inappropriate to sleep, gossip, listen to music, read or use any electronic device. If you are carrying your mobile phone, make sure it is switched off. You are also asked not to bring any food or drink into the courtroom.
Addressing the Court
When you hire a lawyer, they will do most of the talking, but there may be situations where you will be required to address the court. Therefore, it’s important to know how to properly address the judge. First, you need to know how to differentiate between a judge and a justice of the peace and how to address them differently. The easiest way to identify them is by the colour of their sash. A judge will wear a red sash; a justice of the peace, green. While a judge is usually referred to as “Your Honour,” a justice of the peace is referred to as “Your Worship.”
When a judge or justice of the peace enters or exits, you should stand up to show respect. It’s only after they have taken their seat that you will be instructed to sit down. Stay seated until your name is called, or you need to leave. If you must enter or leave the courtroom while they are still there, you are expected to bow your head.
A court of law is not just any institution. It is one of the apex governing bodies of a country, responsible for protecting the rights of its citizens and ensuring equal justice under the law. Since first impressions are important, the way you dress and behave during court proceedings may significantly impact your case. Bad behavior can result in imprisonment or a fine if you are found guilty of contempt of court. Make a good impression by following these basic rules of courtroom etiquette.