NSW Local Court process
What is a Court Attendance Notice?
A Court Attendance Notice, commonly called a CAN, identifies the alleged offence and tells the person named in it when and where they must attend court. The notice should be read carefully because the exact charge, court location and listing date are central to understanding the next procedural step.
Most NSW criminal matters first come before the Local Court. The Local Court deals with summary matters, does not use juries, and the prosecution must prove a criminal case beyond reasonable doubt. Court staff can explain procedure and provide case-file or listing information, but they cannot give legal advice, tell a person what to say or predict what will happen.
What to check before the first listing
Before the first court date, check the CAN against any other documents received. Confirm the alleged offence, the date and place of the listing, whether attendance is required, and whether any written plea or registry process is available. Keep copies of police documents, testing material, notices and correspondence together.
- Record the court name, courtroom or registry details, date and arrival time shown on the documents.
- Check the precise charge wording rather than relying on a description such as “drink driving”.
- Gather relevant police documents, testing records and any material supplied with the charge.
- Have information about driving and licence history available where it is relevant to the court process.
- Consider what factual and sentencing material may need to be presented, without assuming that any particular material will change the result.
Offence classification, available penalties, licence disqualification, alcohol-interlock requirements, demerit-point consequences and eligibility for applications can depend on the charge, relevant dates, driving history and legislation in force. These matters must be checked against current sources before publication or reliance.
Guilty plea and sentencing
A guilty plea may allow the matter to be finalised on the day. In general terms, the prosecutor presents the alleged facts and any relevant criminal or traffic record. The defendant may then provide information the Court can consider before a penalty is imposed. A guilty plea with an explanation does not guarantee a reduced penalty and does not replace advice about whether the charge should be disputed.
The current Local Court guidance states that a Written Notice of Pleading may be used to advise the Court of a plea. Filing it at least seven days before the listed date generally removes the need to attend, subject to the Registry advising that attendance is required for sentencing. Check the current Local Court instructions and the relevant Registry before relying on this process.
A conviction may involve a penalty different from an original fine or notice, including a higher fine and court costs, and a conviction may be recorded on a criminal record. The applicable consequences are not automatic from a broad label such as “first offence” or “low range”; they depend on the applicable law and circumstances.
Not-guilty plea and defended hearing
A not-guilty plea is not ordinarily finalised at the first listing. The matter may be adjourned for a hearing or for preparation of a prosecution brief. A defended hearing is the stage at which the prosecution case and the defence case, if any, are dealt with according to the applicable procedure and evidence rules.
Potential review topics can include the accuracy or admissibility of evidence, the identity of the driver, timing, testing, procedural compliance and whether the prosecution can prove the required elements of the charged offence. These are general topics for review only. They are not assumed defects, automatic defences or predictions that a charge will be dismissed. A timing issue, testing issue or procedural question does not automatically determine the outcome.
Attendance, adjournments and missed dates
Check the listing information before attending, allow time to locate the courtroom and follow the court’s check-in directions. If attendance is not possible, contact the relevant Local Court Registry promptly and ask about the current procedure. Do not assume that sending a message or making a request automatically adjourns the matter.
Current Local Court guidance states that a missed appearance can result in the Judge deciding the matter in the person’s absence. The Court may also adjourn a matter where appropriate, but whether an adjournment is granted and what conditions apply are matters for the Court and current procedure.
Historical schemes and current law
Historical alcohol-interlock, habitual-offender, minimum-disqualification and penalty schemes must not be treated as current rules. If a historical issue is relevant, its effect depends on the offence date and the legislation applicable at that time. The current starting point for NSW alcohol-driving offences is the in-force Road Transport Act 2013, including section 110, but legislation, commencement dates, penalties and administrative requirements should be checked again before publication. The NSW Local Court process pages should also be checked for current procedural instructions and any “checked on” date.
Official court information
Frequently asked questions
What happens at the first NSW Local Court date for drink driving?
The Court may deal with a guilty plea or make directions for a matter involving a not-guilty plea. The exact step depends on the charge, plea and current court procedure.
Can a guilty plea be dealt with without attending?
A Written Notice of Pleading filed at least seven days before the listed date generally removes the need to attend, subject to the Registry advising that attendance is required for sentencing.
What if I cannot attend court?
Check the listing details and contact the relevant Local Court Registry promptly. A missed appearance can result in the matter being decided in the person’s absence.