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Traffic law related topics
Includes information on fines, penalties, sentences and disqualification periods for most traffic law offences.

Court Tours
Pleading guilty in Local Court
Pleading not guilty in the Local Court

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Court mentions
Court hearings
Prima facie case
Tips for surviving cross examination
Court time line
Sentencing
Penalties that can be imposed
Court character reference

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Court Mentions Not Guilty

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Court mentions

Court Mentions Not Guilty

Contact Armstrong Legal:
Sydney: 02 9261 4555
Canberra: 02 6288 1100

First Court Appearance

If you are certain you want to plead not guilty then you or your solicitor should inform the court that "you plead not guilty" to the charge. If you intend to get a Solicitor for the hearing you should contact that solicitor to obtain their available dates prior to this mention.

If you are not represented by a solicitor you should refer to the registrar as "registrar". If you are represented by a solicitor there may be no need for you to appear at this mention, but you should check with your solicitor first.

Normally your matter will be adjourned for approximately 4-6 weeks to allow the Police enough time to prepare a brief of evidence. A brief of evidence contains all the evidence that the Police intend to rely upon at the hearing of the matter. Generally, Police are not able to call additional evidence that was not contained in the brief of evidence and served on you 28 days prior to the hearing.

Police do not always serve the brief of evidence upon you by the date allocated by the Registrar. This does not necessarily mean that they will not be able to serve the brief of evidence on you later. Normally, if the Police provide a reasonable excuse for not serving the brief upon you, the Registrar will give the Police further time to serve it. It may be possible to get your legal costs paid by the Police Force if they do not serve the brief upon you when they should have.

Second court appearance

If the Police have served the brief of evidence upon you and you still want to plead not guilty, you or your solicitor should ask the Registrar for a hearing date. You will be asked to complete a court listing advice that identifies the witnesses you want to cross examine and your estimate of how long the hearing will take.  You may be asked what is in issue. If you intend to have a solicitor appear at the hearing you should obtain their available dates prior to the hearing.

Other mentions

It is possible to subpoena a person or organisation to produce documents that may help your case. You have to carefully draft subpoenas as you may be precluded access to documents if the subpoena is not specific. If you intend to issue a subpoena you should obtain a further mention date prior to the hearing to allow plenty of time for you to inspect the documents prior to the hearing.


Court Mentions Not Guilty Court Mentions Not Guilty Court Mentions Not Guilty

Contact Armstrong Legal:
Sydney: 02 9261 4555
Canberra: 02 6288 1100

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