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Pleading not guilty in writing

Information about when and how to plead not guilty in writing.

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    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.

Who can plead not guilty in writing?

If you want to plead not 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 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 in your absence (without you) and find you guilty.

If you the Court accepts your Written Notice of Pleading, you may not need to attend the mention, but you will still need to attend the hearing

You can’t file a Written Notice of Pleading if:

  • you are on bail
  • you have been refused bail, or
  • your bail has been dispensed with.

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 not guilty if:

  • you were released without bail, or
  • you have elected to go to court.

A blank copy of the form may be sent with your CAN. You can also get a copy from:

  • your nearest Local Court registry, or
  • the Forms page on the Local Court of NSW website.

You must include the following information in your Written Notice of Pleading:

  • your name
  • the details of the offence listed on your CAN
  • the name and address of the Court your CAN says you are required to attend
  • the date your CAN says you are required to attend court
  • the number of witnesses you intend to use for your case
  • any dates that you are unavailable in the three month period after the mention
  • your contact details, such as email and phone numbers
  • whether or not you have a solicitor.

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:

  • in person
  • by email
  • by post, or
  • by fax.

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 not guilty

Sample: Sample Written Notice of Pleading - Pleading not guilty

The Court may reject your Written Notice of Pleading if:

  • you have not provided enough information to the Court, or 
  • it does not want to list the case for hearing without you being there.

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 registry will notify you of the date that your case will be heard.

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 date sooner, you can call the court registry.

Before the hearing date you should start preparing your case.

For more information, see Step by step guide - Preparing for the hearing.