Pleading not guilty in writing

If you want to plead not guilty, but you can't attend court on the date in your Court Attendance Notice (CAN), you may be able to fill out a Written Notice of Pleading.

If you tell the Court that you want to plead not guilty, you may not need to attend the mention, but you will still need to attend the hearing.

You must make sure the Court has your Written Notice of Pleading at least seven days before the mention date. If you send it any later and do not attend Court, your case may be heard in your absence (without you) and the Court may find you guilty.

Who can plead not guilty in writing?

You can use a Written Notice of Pleading to plead not guilty if:

• you were released without bail, or
• you have elected to go to court.

You can’t file a Written Notice of Pleading if you are on bail, have been refused bail or your bail has been dispensed with. If you are on bail and you can’t attend court in person, you may be able to appear by audio visual link (AVL) or telephone. If you are on bail and you have a lawyer, you may not have to attend court if your lawyer appears on your behalf.

If you are unsure whether you have to attend court, you should get legal advice. If you are required to attend court and you don’t, your case may be decided in your absence or a warrant may be issued for your arrest.

How to complete a Written Notice of Pleading

A blank form may be sent to you with your CAN. You can also get a copy from:

• your nearest Local Court registry, or
• the Forms page on the Local Court of NSW website.

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 your CAN says you are required to attend
• the date your CAN says you are required to attend court
• the number of witnesses you intend to use for your case
• 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 solicitor.

You don’t need to sign your form in front of an authorised witness.

You can file your completed form with the registry of the Court that is hearing your case:

• in person
• by email
• by post, or
• by fax.

 You should send your Written Notice of Pleading to the Courts postal address, not the street address that appears on your CAN. You can find the Courts postal address on the Court locations, listing and sitting arrangements page on the Local Court of NSW website.

After you have filed your completed form, you should call the registry to check that it was received and placed on your file.

Instructions: Instructions for filling out a Written Notice of Pleading - Pleading not guilty

Sample: Written Notice of Pleading - Pleading not guilty

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 
• it does not want to list the case for hearing without you being there.

If the Court rejects your Written Notice of Pleading, your case will be adjourned (postponed) and you will be notified that you are required to attend court in person on the next occasion.

If you do not go to court on the new date, your case may be heard without you or a warrant may be issued for your arrest.

What happens next?

The Court registry will notify you of the date that your case will be heard.

You will be notified by email if you elected to be in your Written Notice of Pleading. If you didn’t elect to be notified by email, the Court will send you a letter by post.

If you want to know the date sooner, you can call the court registry.

Before the hearing date you should start preparing your case.

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