Going to Court for a Criminal Matter
The court attendance notice requires you to attend Court to answer a charge that you have committed an offence against the law.
If you do nothing, the court case may be heard without you or a warrant may be issued for your arrest.
Before your case is heard, you have to decide if you will plead guilty or not guilty to the offence. You can get advice or help to make that decision.
WHERE TO GET ADVICE
You can get advice from:
a lawyer - look under solicitors in the telephone book or through the Law Society Website.
www.lawsociety.com.au
a Legal Aid Office - look under Legal Aid Commission of NSW in the telephone book or website at
www.legalaid.nsw.gov.au
a community legal centre - through the central office on (02) 9318 2355 or website at
www.nswclc.org.au
a Court House – through the central switchboard on (02) 9228 7777 or website at www.lawlink.nsw.gov.au/lc.nsf/pages/index
LawAccess – on 1300 888 529 or website at
www.lawaccess.nsw.gov.au
HOW TO ANSWER THE SUMMONS OR ATTENDANCE NOTICE
The attendance notice tells you the day when your case will be heard. On that date, the Court will want to know whether you are pleading guilty or not guilty to the offence listed in the notice.
You can do this in any one of the following ways:
? You can go to the Court on the day your case will be heard, either on your own or with your solicitor; or
? You can send a solicitor to Court in your place; or
? You can tell the Court your plea in writing.
To do this you must fill in a form called Written Notice of Pleading which can be found here. If the form is not on or to attached the back of this notice, you can get one from any Court House. The completed form must be received by the Court at least 5 days before the court hearing date written on the attendance notice.
IF YOU WANT TO SAY YOU ARE GUILTY
If you are pleading guilty, the case may be heard on the date written on the court attendance notice, unless arrangements are made with the Court to have the case adjourned to another day. Before the Court considers imposing a penalty you will be given the opportunity to make submission to the Court regarding the circumstances of the offence. You may also wish to obtain character references to give to the court to support your case.
If you want the Court to decide your case without you being at the Court and the case involves a minor traffic or criminal matter you may complete a form called Written Notice of Pleading. The form must be signed by both you and a witness. Send or take the form to the Clerk of the Court where your case will be heard. The address of the Court is shown in your attendance notice.You must make sure that the Court receives the form at least 5 days before the date of the court hearing shown in the attendance notice. The Court will take into account any explanation you may give for breaking the law and will decide the case in your absence. The Court office will send you a notice telling you what punishment the Court has given you. If the Court decides that it cannot deal with your case in your absence, the Court will send you a notice telling you what day to go to Court.
You must go to Court if you receive a notice telling you to attend. If you do not go to Court on the new date, a warrant may be issued for your arrest.
IF YOU WANT TO SAY YOU ARE NOT GUILTY
If you are pleading not guilty the case will NOT be heard on the date written on the attendance notice. The Court will choose another date to hear your case where it can set aside time to hear evidence from witnesses. You must be in a position to advise the Court how many witnesses (if any) you intend to bring with you to Court.
If the case involves a minor criminal or traffic offence you may arrange for a hearing date to be set down in your absence. You can lodge a plea of not guilty by completing the form called Written Notice of Pleading. The form must be signed by both you and a witness. Send or take the form to the Clerk of the Court where you case will be heard. The address of the Court is shown in your attendance notice.You must make sure that the Court receives the form at least 5 days before the date of the court hearing shown in the attendance notice. The Court will send you a notice telling you the new date when you must go to Court. If you do not go to Court on the new date, the case may be heard without you or a warrant may be issued for your arrest.
IF YOU NEED AN INTERPRETER
If you do not speak or understand English well, you can get an interpreter to assist you in Court. The Court can arrange an interpreter for you. If you need an interpreter contact the Court at least fourteen days before the date of your court case.
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