A Written Notice of Pleading is a form that tells the court that you want to plead guilty or not guilty.
If you plead not guilty in writing, you won't need to go the mention but you will still have to go to court on another date.
When the magistrate gets your written notice of pleading, he or she may:
- adjourn the case and give you another date on which to attend court
- make orders for the police to serve you with a brief of evidence (documents that make up the evidence against you) and give you a reply date
- give you a hearing date, if no brief of evidence is required.
You can also send a letter or email to the court, telling them that you want to plead not guilty instead of using the form. The magistrate has the power to decide whether any letter or email you have sent the Court is to be taken as a written notice of pleading.
How do you fill in a Written Notice of Pleading?
A blank Written Notice of Pleading form may be sent to you with your court attendance notice (CAN). If you did not get one, you can get a copy from:
If you use a Written Notice of Pleading to plead not guilty, you will need to include the following:
- your name
- the details of the offence listed on your CAN
- the name and address of the court you are required to attend
- the date you are required to attend court
- the number of witnesses you intend to use
- 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 lawyer.
Instructions:
Instructions for filling out a written notice of pleading - pleading not guilty.
Sample:
Sample written notice of pleading - pleading not guilty.
How do you file a Written Notice of Pleading?
After you complete the form you should:
- sign the form
- take it to the court, or send it by post or fax
- call the court to check that it was received and placed on your file.
A written notice of pleading should be received by the court listed on your CAN at least seven days before the mention. If they receive it any later, the court may decide to sentence you in your absence.
Can the court reject a Written Notice of Pleading?
The court may reject your written notice of pleading if:
- you have not provided enough information to the court, or
- the magistrate or registrar does not want to list the case for a hearing without you being there.
If the court rejects your written notice of pleading your case may be adjourned (postponed) and you will be notified that you are required to attend personally before the court on the next occasion.
If you do not go to court on the new date, the case may be heard without you and a warrant may be issued for your arrest.
What happens next?
After your court date, the court will send you a letter telling you the date that your case will be heard. If you want to know sooner, you can call the court registry and ask them.
Before the hearing date you should start preparing your case. For more information, see
Preparing for the hearing.