The form of a court attendance notice is outlined under section 175 of the Criminal Procedure Act 1986 (NSW).

Elements

The form of a court attendance notice is as follows:

• A court attendance notice must be in writing and comply with the format set out in the rules.
• The rules may provide for one or more forms of court attendance notices.
• A court attendance notice must:
  • describe the offence,
  • briefly state the details of the alleged offence,
  • include the name of the prosecutor,
  • require the accused to appear before the court at a specified date, time, and location, unless a warrant is issued for their arrest or bail is refused,
  • state, unless a warrant is issued for the person’s arrest or bail is refused, that failure to appear before the court may result in the person’s arrest or the matter being dealt with in the person’s absence.
• The rules may provide additional information to be included in a court attendance notice.
• A court attendance notice may describe an offence, act, or other thing in a way that is sufficient under the Act for the purpose of an indictment or an averment in an indictment.

About Post Author

Brian Walker

B.Acc., GradDipLegPrac, Juris Dr
Barrister & Accountant.
Former Criminal Defence Solicitor. Former Federal Prosecutor for the Commonwealth Director of Public Prosecutions prosecuting Commonwealth crimes relating to drugs and child exploitation. Former Australian Federal Police member litigating proceeds of crime matters. Former Australian Taxation Office employee investigating offshore tax evasion matters.

Post Created by Jesslyn Duong, paralegal.

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