If you are unsure whether you have to attend court, you should get legal advice. If you are required to attend court and you don’t, your case may be decided in your absence or a warrant may be issued for your arrest.
If you want to plead guilty, but you can't attend court on the date in your Court Attendance Notice (CAN), you may be able to fill out a Written Notice of Pleading.
You can’t file a Written Notice of Pleading if:
If you are on bail and you can’t attend court in person, you may be able to appear by audio visual link (AVL) or telephone. If you are on bail and you have a lawyer, you may not have to attend court if your lawyer appears on your behalf.
You can use a Written Notice of Pleading to plead guilty if:
Even if you can plead guilty in writing, it isn’t always your best option. If you are unsure whether you have to attend court, you should get legal advice.
If you are required to attend court and you don’t, your case may be decided in your absence or a warrant may be issued for your arrest.
You must make sure the Court has your Written Notice of Pleading at least seven days before the mention. If you send it any later and don’t attend court, the Court may decide your case without considering it.
A blank copy of the form may be sent with your CAN. You can also get a copy from:
You must include the following information in your Written Notice of Pleading:
If you don’t include this information, the Court may sentence you without taking any of these issues into account.
You don’t need to sign your form in front of an authorised witness.
You can file your completed form with the registry of the Court that is hearing your case:
You should send your Written Notice of Pleading to the Courts postal address, not the street address that appears on your CAN. You can find the Courts postal address on the Court locations, listing and sitting arrangements page on the Local Court of NSW website.
After you have filed your completed form, you should call the registry to check that it was received and placed on your file.
Instructions: Instructions for filling out a Written Notice of Pleading - Pleading guilty
The Court may reject your Written Notice of Pleading if:
If the Court rejects your Written Notice of Pleading, your case will be adjourned (postponed) and you will be notified that you are required to attend court in person on the next occasion.
If you don’t go to court on the new date, your case may be heard without you or a warrant may be issued for your arrest.
The Court will notify you of its decision in response to your guilty plea, including any sentence you have been given.
You will be notified by email if you provided your email address in your Written Notice of Pleading. If you didn’t ask to be notified by email, the Court will send you a letter by post.
If you want to know the decision sooner, you can call the court registry.
If you are not happy with the Court's decision, you may be able to appeal to the District Court within 28 days from the date of the decision.
For more information, see Appeals and annulments.
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