What is a Court Attendance Notice in NSW?
What is a Court Attendance Notice in NSW?
A Court Attendance Notice (CAN) is a formal legal document issued in NSW to inform an individual that they are required to appear in court on a specified date and time to answer a charge. This document is served to a person when they have been accused of a criminal offence.
Receiving a CAN can be overwhelming. It’s important to understand the essence of a court attendance notice and the steps to take. This will help you get the best possible outcome. It's highly recommended to obtain legal advice from a criminal defence lawyer once you've been issued a court attendance notice.
How is a Court Attendance Notice Issued?
A CAN may be issued by the police, another law enforcement agency, or even a private individual in certain situations. Most commonly, a CAN will be handed to you directly by a police officer. If they cannot reach you in person, the notice may be sent to your last known address via post.
What information is included in a Court Attendance Notice?
A standard CAN will contain the following details:
Name and Details of the Accused: This includes your full name, address, and other relevant personal details.
Details of the Offence: This section provides information about the offence you have been charged with. It will describe the specific crime, including relevant sections from the NSW or Commonwealth legislation.
Court Appearance Details: This section will provide information about where and when you must attend court. This includes the name and location of the court, the date you must attend, and the time you should be present.
Other Relevant Information: This will include things like the name of the police officer in charge and the police station that the officer comes from.
What to do if you receive a Court Attendance Notice?
Seek Legal Representation: If you've received a CAN, it's very important to consult a criminal lawyer immediately. They can guide you through the next steps, provide advice on your rights and responsibilities, and represent you in court, ensuring the best possible outcome for your case.
Do Not Ignore It: Ignoring a CAN could lead to a warrant being issued for your arrest or being convicted in your absence. Always take the notice seriously and act promptly.
Prepare for the Court Date: Ensure you understand the specifics of the offence you are charged with and gather any evidence or witnesses that might support your case. Again, a criminal lawyer can provide invaluable assistance here.
How long does it take to receive a Court Attendance Notice?
In New South Wales (NSW), the time to receive a Court Attendance Notice (CAN) can vary. If handed directly by the police, it's immediate, but if mailed, it can take several days.
The issuance timing also depends on the offence's nature; minor offences might see a CAN issued swiftly, while complex cases requiring in-depth investigations can introduce delays.
Additionally, administrative backlogs within the legal system can further impact the time it takes for one to receive a CAN. If expecting a CAN and facing a delay, it's recommended to seek legal counsel.
What is a Field Court Attendance Notice?
A Field Court Attendance Notice (Field CAN) is a type of Court Attendance Notice issued on the spot by a police officer at the scene of an incident. It is a yellow piece of paper that will tell you the date, time and place for you to attend court. Police will give you a copy and keep one also. Field CANs are often given when a person has been stopped by police for possession of prohibited drugs.
What to do now?
Receiving a Court Attendance Notice can be a daunting experience. Understanding its purpose and the process can alleviate some of the stress. It’s incredibly important to consult with an experienced criminal defence lawyer. Our team can help guide you through the process with minimal stress. Please get in touch here.
