Telecourt, AVL, Webex, online court. No matter what you call it, it happens all the time. Attending court from prison or from police cells means appearing on a screen, from a room you don’t control, using technology that barely works and under the eye of corrections staff. Often, your freedom is on the line. Despite all this, you’re expected to be formal and well behaved.

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This guide doesn’t assume fair treatment, but it hopes to offer some tools to help you navigate online court while in prison.

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1. At the beginning

Be aware that, when the video program launches, microphones and cameras will be off. It might take a little while for your matter to come on screen. While it might be really nerve wracking waiting for your case to be called, patience will get you through.

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You will be asked to identify yourself. Remember to call the magistrate or judge “Your Honour”.

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If your lawyer doesn’t appear at the hearing, make sure you tell the magistrate or judge that you are represented by a lawyer so that they don’t carry on with the hearing without them being there.

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If you don’t have a lawyer, you are allowed to say you would like legal advice, to speak with Legal Aid or that you want to look into getting yourself legal representation.

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2. It’s your case

Sometimes you’re in a dedicated video booth – other times, you’re in a small room with a grainy webcam. No matter where you are, you’re still part of the hearing. That means:

• You have the right to hear and understand what’s happening and what’s being said.
• You can ask to speak to your lawyer privately before anything starts.
• You can request clarification if you don’t understand a question or what people are saying to you.

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While it might feel unnatural being on a screen rather than in the room itself, you’re allowed to speak up. Just also remember: politeness goes a long way, and your best outcome could depend on it.

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If you change your instructions during the hearing – for example, if you no longer want to plead guilty – it is important that you immediately put your hand up so you can speak with your lawyer.

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3. While private conversations can be rare, they’re still your right

Going to court online from prison often means:

• You can’t talk privately with your lawyer before the hearing like you would in a normal courtroom setting, and you also cannot talk to them during the hearing.
• There’s an officer in the room or monitoring from outside
• There’s no way to mute or turn off the feed.

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If you need to talk to your lawyer privately:

• Ask: “Can I speak with my lawyer in private before we continue?”
• If denied, ask that it be noted in the record.

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4. You can ask for things to be repeated when tech breaks

Most facilities don’t give you control over the camera, mic or screen. The setup might glitch. The video or mic might cut in and out.

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If you miss part of the hearing because of that:

• Clearly say: “Excuse me, I didn’t hear that. Can you repeat it?” or “The screen froze during that part.”
• If you’re muted and can’t speak, try to get the attention of corrections staff or your lawyer, if they’re on the call. Please note that the bench clerk can mute your microphone and often does so when there is noise or feedback that can disturb the court.

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If you’re denied a fair chance to participate, talk to your lawyer about your options.  

5. Appearance and behaviour matters

If we’re being honest, how we hold ourselves in court can affect outcomes.

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If you have any choice:

• Sit up straight, look alert and stay facing the camera.
• Your words still matter, and judges still hear tone and presence.
• Avoid conflict and poor language with officers on camera if you can.
• Stay seated and refrain from moving around the room during the hearing. If you find you need to walk around as a way to calm your nerves, try to talk to someone like a counsellor, health professional or even a trusted friend about other ways to do this during a hearing. Online court is like a regular court – in normal court, you would need to ask for permission to move around, and this still applies in an online hearing.
• Just like regular in-person court, people must not behave in a manner that causes disruption to the courtroom. So while we can ask to be heard, try to do so in a way that wouldn’t be deemed as “disruptive”.

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In some prisons, such as Dame Phyllis Frost Centre in Victoria, people can ask for a black jacket to wear for court. Ask if your prison facilitates this. It might make you feel more formal and confident.

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Remember that most of what happens on the screen is being recorded, so, before you say private things to your lawyer on the video, make sure you check with them that no one else can hear.

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If there is a person joining the online hearing that you are not allowed to talk to because of an intervention order, be careful not to talk to them.

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6. You’re not alone – even if you feel like it

Being on a video screen can make it feel like you’re isolated. But:

• Supporters may be watching online in the virtual court room
• If you have friends or family on the outside, ask them to attend your hearing virtually – even if they can’t speak, their presence sends a message. They can request to do so from the relevant court. Ask your lawyer to help you with this.
• If your friends and family want to join the link, they can also search your name on the Electronic Filing Appearance System (EFAS) on the magistrates court website and then work out the court room and date. They can then find the court link for the hearing on the website.

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7. Take notes

Ask if you can take paper and pencil into the hearing.

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Write down:

• What was said, as much as you can remember
• Any dates or orders given
• Anything that glitched, went wrong, or felt unfair
• Anything you didn’t understand and want clarification on

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These notes can help you understand what happened, what questions to ask your lawyer after the hearing and any other ways to deal with your case. Remember to always ask questions about your case if you are unsure. It is the lawyer’s responsibility to explain things to you clearly, both what happened in court and what happens next.