What is a Court Attendance Notice in NSW?
In New South Wales, a Court Attendance Notice (CAN) is a formal document given to you by Court or the NSW Police.
When receiving a court attendance notice, it is important to take it seriously and make sure to attend court on the specified date and time. Failure to attend court can result in a warrant for the individual’s arrest and additional charges. It is also important to seek legal advice, as the court attendance notice may be a criminal charge and the consequences of a criminal conviction can be severe.
Court Attendance Notice Definition
The court attendance notice definition can vary depending on the jurisdiction, but generally, it is a formal document that states the date, time, and location of the court hearing, as well as the charges that the individual is facing. It also includes a warning that failure to attend court on the specified date and time may result in a warrant for the individual’s arrest and additional charges.
What is a Court Attendance Notice?
A court attendance notice, also known as a CAN, is a legal document issued by the police to an individual who is suspected of committing a criminal offense. It serves as an official notification that the individual is required to attend court on a specific date and time to face the charges against them. It’s also important to note that a court attendance notice is not the same as a charge. The notice is an order to attend court and answer the charge, and the charge itself is a formal accusation that a person has committed a criminal offence. After you are charged by the police, a CAN can be given to you by the police at the police station, the CAN usually will include the police fact sheet.
When attending court, the individual will be required to enter a plea of guilty or not guilty to the charges. If the individual pleads guilty, the case will proceed to sentencing. If the individual pleads not guilty, the case will proceed to trial or hearing depending on the jurisdiction. It is important to note that the individual has the right to legal representation at all stages of the proceedings.
Field Court Attendance Notice
In New South Wales, a field court attendance notice is issued by the police and is typically used for less serious offenses, such as traffic violations and minor drug offenses. A field CAN does not require for the police to arrest you and is usually issued in circumstances that an arrest is not required.
Accordingly, in summary, a court attendance notice, also known as a field court attendance notice, is a legal document issued by the police in New South Wales, Australia, to an individual who is suspected of committing a criminal offense. It serves as an official notification that the individual is required to attend court on a specific date and time to face the charges against them. It is important to take a court attendance notice seriously and seek legal advice, as the consequences of a criminal conviction can be severe.
Once you are court, you basically have a number of options, plead not guilty or plead guilty to the charges. If you enter a plea of guilty, the matter will be set down for a sentence, or if the offence is relatively minor, the Local Court magistrate may seek to finalise your matter on the day. For sentence, you should be prepared to make submissions on your behalf as to what penalty is appropriate for the offence.
For all summary offences, if you enter a plea of not guilty, the Court is required to set the matter down for a defended hearing. This means that the police will need to provide you with all the evidence they intend to rely upon against you at the hearing. A brief service order will be made for indictable or strictly indictable matters. This means that the police are required to provide you or your criminal defence lawyer a copy of all the evidence they intend to rely upon against you.
If you are pleading not guilty to criminal charges, it is best you contact a top criminal lawyer. A criminal matter is not to be taken lightly as it could have severe consequences and could result in a full-time custodial sentence.
Legal Advice
If you have received a Court attendance notice you are required to attend court on the elected Court date. If you do not attend Court on that date, the Court has the power to have a warrant issued for your arrest.
Before going to Court, you should contact an expert criminal lawyer. Our team at Lyons Law Group regularly appears at courts all across NSW and obtain an outstanding result for you.
If you cannot afford a private criminal lawyer, you may be entitled to legal aid.
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