What is Court Attendance Notice?

In New South Wales, a Court Attendance Notice (CAN) is a formal legal document issued to inform an individual they are required to appear in court to answer a criminal charge.

A Court Attendance Notice (CAN) is a form in writing prescribed by the rules of the Local Court contained the following details:

• describe the offence;
• identify the essential factual elements of the alleged offence;
• contain the name of the prosecutor,
• require the accused person to appear before the magistrate at a specified date, time and place unless the person has been refused bail by the police; and
• state that failure to appear may result in the arrest of the person or the matter being dealt with in the absence of the person.

(Ss 50 and 175 of the Criminal Procedure Act)

How a CAN be served?

Pursuant to rule 5.9 of the Local Court Rules 2009 (NSW), a CAN commencing proceedings for a summary offence is to be served personally or by sending it by post, addressed to the person, to the person’s residential address. If a person has consented to the notice being served by email or electronically, this is also permitted.

How personal service of a CAN is effected?

• By leaving a copy of it with the defendant or, if the defendant does not accept the copy, by putting the copy down in the defendant’s presence and telling him or her the nature of the document; or
• By serving a person’s legal practitioner if the legal practitioner has been instructed to accept service; or
• Where the person attempting service is prevented, by violence or threat of violence, from approaching the defendant, by leaving it as near as practicable to the defendant; or
• if the defendant is in a correctional centre, by leaving a copy of it with the governor of the correctional centre.

Generally, where a person has been arrested and taken to a police station and where the police intend to commence proceedings against the person for a criminal offence, the CAN will be created and served personally on the accused.

If the accused refuses to accept the CAN, the police may put the notice down in his or her presence and explain the contents to effect proper service (Local Court Rules 2009 (NSW) r 53(1)).

The proceedings are commenced when the CAN is filed in the court registry as enunciated in s47 (for committals) of the Criminal Procedure Act and s172 (for other proceedings).

About Post Author

Mark Racca

Principal Solicitor & Director
LLB, GradDipLegPrac, MPA

See author's posts