If you are accused of committing a criminal offence in New South Wales, police may issue you with a Court Attendance Notice (CAN). A CAN is a formal legal document requiring you to attend court on a specific date to answer criminal allegations.
Understanding how Court Attendance Notices work is critical. Ignoring a CAN or failing to attend court can result in serious consequences, including arrest warrants, bail issues and additional charges.
What Is a Court Attendance Notice (CAN)?
A Court Attendance Notice is a written notice issued by police when they allege a person has committed an offence. The notice will usually set out:
- The offence you are alleged to have committed
- The court date, time and location
- Whether the matter will be heard in the Local Court of NSW
- Instructions requiring you to attend court
A CAN is commonly used for minor offences, but it can also be issued for more serious criminal charges instead of arresting the alleged offender.
How Do Police Issue a Court Attendance Notice?
Police may issue a Court Attendance Notice in several different ways, depending on the circumstances of the alleged offence.
Field Court Attendance Notice
A field court attendance notice may be issued by a police officer at the scene of an incident or shortly afterwards.
This usually occurs where:
- The offence is relatively minor
- Police do not believe arrest is necessary
- The alleged offender can be identified
In these cases, the CAN is often handed directly to the person.
Court Attendance Notice Issued at a Police Station
Police may issue a CAN at a police station after speaking with an alleged offender.
This may occur where:
- The person attends the police station voluntarily
- Police require further investigation before issuing charges
- The offence is more serious but arrest is not required
The notice will set out the next steps and the date you must attend court.
Court Attendance Notice Served by Mail
In some cases, police may serve a CAN by post to the accused person’s address.
This commonly happens where:
- The incident occurred some time ago
- Police needed to complete further investigation
- The accused was not present at the time of the alleged offence
Claiming you did not see the notice is rarely accepted as a valid excuse for failing to attend court.
What Information Is Included in a CAN?
A Court Attendance Notice will usually include:
- Your full name and address
- A description of the alleged offence
- The relevant charge under NSW law
- The court date, time and location
- Whether the offence is summary or indictable
- Instructions about what is required at court
This document forms the basis of the criminal proceedings against you.
What Happens After a CAN Is Issued?
Once a CAN is issued, you are legally required to attend court on the date listed on the notice.
At your first court appearance, the matter may be:
- Adjourned so you can obtain legal advice
- Listed for a future hearing
- Set down for a plea of guilty or not guilty
- Dealt with by a magistrate, depending on the offence
Getting legal advice before your first court date can significantly affect the outcome.
What If I Ignore a Court Attendance Notice?
Failing to attend court after being served with a CAN is a serious matter.
If you do not attend court:
- The court may deal with the matter in your absence
- An arrest warrant may be issued
- Bail may be revoked or refused
- You may face further legal consequences
If you cannot attend court for a valid reason, you must act quickly and seek legal advice.
Can My Lawyer Attend Court for Me?
In some circumstances, a criminal defence lawyer may be able to appear on your behalf, particularly for certain Local Court matters.
This depends on:
- The type of offence
- Whether your personal attendance is required
- The stage of the court proceedings
You should never assume your lawyer can attend for you without confirming this first.
Should I Plead Guilty When I Receive a CAN?
You should not plead guilty simply because you have received a Court Attendance Notice. A guilty plea may result in a criminal conviction, fines or other penalties.
Before entering any plea, you should:
- Obtain legal advice
- Understand the strength of the prosecution case
- Consider any available defences
- Assess potential sentencing outcomes
Early advice can help you achieve the best possible outcome.
Why Getting Legal Advice Early Matters
Receiving a Court Attendance Notice is often the beginning of formal court proceedings. What you do next can have long-term consequences.
An experienced criminal defence lawyer can:
- Explain the CAN and your legal obligations
- Advise on pleas and strategy
- Represent you in court
- Protect your legal rights
If you or a person in your circle has been arrested or issued with a Court Attendance Notice, it is crucial that you get legal advice at once. Davis & Associates’ experienced criminal defence lawyers will work their best to protect your rights and achieve the best possible outcome.
This is general advice only and you should obtain professional advice relevant to your circumstances. If you, or a friend, need further information, help or advice, please call 0438 464 410 or email chris@davisassociates.com.au.
Call Davis & Associates
You and your loved ones need timely, expert representation if you are dealing with Court Attendance Notices or criminal charges in NSW. Acting early can make a critical difference.
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