Pleading not guilty

This section has information to help you prepare and present your not guilty plea. If you plead not guilty, this means that you do not agree with the offence or that you do agree, but you have a defence.

Different discounts on penalty apply depending on the type of offence you have been charged with and at what stage you have pleaded guilty. You should get legal advice about your specific situation and about what the benefit would be in pleading guilty.  

​​​Pleading not guilty in writing

If you have received a Court Attendance Notice (CAN) and you want to plead not guilty but you cannot get to court for the mention, you may be able to plead not guilty in writing and get the court to send you a letter telling you the next date on which you have to go to court.

You can fill out a form called a 'Written Notice of Pleading'. A Written Notice of Pleading tells the court:

• you are pleading not guilty
• what dates you won't be available for a hearing
• how many witnesses you will have.

For more information, see Pleading not guilty in writing.

Preparing for the hearing

If you are pleading not guilty, you will usually have to go to court on more than one occasion. This is usually for the 'reply date' and the 'hearing'.

At the mention the Court may order the police to serve you with a brief of evidence (documents that make up the evidence against you) and give you a reply date. On the reply date you have to go to court. The Court will confirm whether the police have served the brief of evidence and if you still want to plead not guilty.

If the brief has been served and you still want to plead not guilty, the magistrate will set a hearing date.

Before you go to court for the hearing you will need to prepare your case. You should:

• read the brief of evidence, if there is one
• talk to your witnesses
• gather any documents, photos or other evidence
• subpoena documents and witnesses if necessary
• go to court for the reply to the brief of evidence.

The police do not have to provide you with a brief of evidence for some charges. If a brief is not required, then there will be no reply date and the case will be listed straight for hearing.

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

Going to the hearing

When you go to court, you will need to find your courtroom. After the Court calls your name, the case will start and will usually go ahead as follows:

• The prosecutor will call its witnesses and ask them questions ('examination-in-chief'). You can also ask them questions ('cross-examination').
• You give evidence and will be cross-examined by the prosecutor.
• You call your witnesses (if you have any) and question them. The prosecutor will cross-examine your witnesses.  
• You and the prosecutor sum up your cases.
• The Court makes a decision.

For more information, see Step by step guide: Going to the hearing.

Changing your plea

After you have entered a not guilty plea you can change your plea to guilty at any time before your hearing date or on your hearing date. If you want to change your plea you should do this as soon as possible.

For more information, see Changing your plea.

The decision

After hearing all the evidence, the Court will decide whether you are guilty or not guilty of the offence. If you are found not guilty your case will be dismissed. If you are found guilty the magistrate will sentence you for the offence.

For more information, see The decision.

FAQs

For answers to frequently asked questions, see Frequently Asked Questions.

Case study