Notice of Pleading / Written Notice of Pleading Form

When a person is served with a Court Attendance Notice they are required to attend Court to answer for the offences charged. If the defendant is unable to attend or would rather the Court deal with the charges in their absence, the defendant can complete and file a ‘written notice of pleading’ or a ‘notice of pleading’ to the Court Registry. ‘Notices of Pleading’ also known as ‘written pleas’ or ‘written notices of pleading’ are covered under Section 182 of the Criminal Procedure Act 1987. 

What is a Notice of Pleading or Written Notice of Pleading? 

A ‘written notice of pleading’, ‘written plea’ or a ‘notice of pleading’ allows an accused person to avoid attending Court in person and depending on the matter allows the Court to deal with their matter in the accused person’s absence. 

The written notice of pleading form is usually attached to a Field Court Attendance Notice (a Yellow A6 piece of paper served on the accused by Police with the Court date, Court location, charges and H number) or the form can be accessed online on the Local Court of New South Wales Website – https://localcourt.nsw.gov.au/documents/forms/25.03.22Written_Notice_of_Pleading_Form.pdf 

The Act allows for the acceptance of written pleas or notices of pleadings that are not in the prescribed form provided the Court accepts the correspondence as a written plea in accordance with Section 182(2A). 

What is Included on a Written Notice of Pleading Form?

The notice of pleading form contains:

• A summary about the written notice of pleading process and instructions on filing the form.

• Part 1: requires the accused to attach the Court Attendance Notice or provide information for the Registry to identify the accused, the matter, the Court location and the Court date. 
• Part 2: Information on pleading not guilty and allows the accused to enter a plea of not guilty, that the Court will list the matter for a hearing, the number of witnesses for the hearing, any of the accused’s unavailable dates and contact information for the accused and/or any legal representation that will appear at the hearing. 
• Part 3: Information on pleading guilty and allows the accused to enter a plea of guilty, inform the Court they wish the matter is determined in their absence, contact information for the accused person if the Court needs to contact them about the matter and to include matters to be taken into account when deciding the sentence to be imposed.  
• Part 4: Requires the accused to sign and date the form. 

When is a Written Notice of Pleading Not Available? 

The ability to submit a written notice of pleading is not available if the defendant is on bail, has been refused bail or if bail has been dispensed with in accordance with Section 182(4) of the Act. 

Can the Court Reject a Written Notice of Pleading?

Yes, the Court may reject a written notice of pleading if:

• When pleading guilty that the explanation provided for the offence shows the defendant disagrees with or contests the facts relied on by the Prosecution, 
• When pleading guilty if the explanation provided suggests that the defendant may have a defence to the charge/s,
• The Court does not want to determine the matter without the defendant being present. 

If the Court rejects a written plea the matter will be adjourned and the defendant will be notified that the notice of pleading was rejected together with a Notice of Listing with a new Court date. 

What Happens After I Submit my Notice of Pleading?

Pleading Guilty

If the defendant has plead guilty to the offence, the matter will usually proceed to sentencing on the day. It is possible that the Magistrate has too many in person matters to proceed to sentence on the written notice or the Magistrate requires the defendant to be present at Court for sentence.

 If the Court accepts the notice of pleading and sentences the defendant, the defendant will be notified of the penalty and outcome via email.

 If the Court rejects the notice of pleading or requires the defendant to appear in person, the matter will be adjourned and the defendant notified of the new Court date. 

Pleading Not Guilty

If the defendant has plead not guilty to the offence/s and submitted a completed written notice with the required information, the matter will usually be listed for a hearing immediately.  

If a defendant has plead not guilty to the offence/s and submitted an incomplete written notice, the Court will likely reject the notice, adjourn the matter and require the defendant to appear on a later date in person at Court.

When pleading not guilty to some offences, the Court will first make an order for the service of the brief of evidence and a reply mention date before confirming the plea of not guilty and setting the matter down for a hearing. 

After the written notice has been filed and the matter set down for a hearing, the defendant is required to appear on the hearing date with any witnesses or material upon which they wish to rely for their defence.

Disadvantages of Filing a Notice of Pleading:

While a notice of pleading may seem attractive to an accused person, particularly if the accused is nervous to attend Court or because it is their first time being charged with an offence, dealing with the matter by way of a written plea may not be in their best interests and the accused may not receive the best possible penalty for their offence. 

Being present at Court and engaging a criminal or traffic lawyer to assist on the sentence gives the accused person the best chance of securing the best possible outcome for their matter. 

For example, if a defendant pleads guilty through a written notice of pleading and provides little or no explanation of the offence or material on their behalf, the sentencing Magistrate will only be able to rely on the Police Facts and the defendant’s criminal history when considering the matter and determining the appropriate sentence. This presents a clear disadvantage for the defendant as the Court will not be aware of any relevant mitigating factors that could be taken into account on sentence which may have resulted in a better sentencing outcome. 

Critically, s25 of the Crimes (Sentencing Procedure) Act 1999 prohibits the Court from imposing certain sentences if you are not at Court. This includes:

(a) an order imposing a sentence of imprisonment,

(b) an intensive correction order,

(d) a community correction order,

(e) a conditional release order,

(f) a non-association order or place restriction order,

(g) an intervention program order.

Appeal Options:

If a defendant filed a written notice and the sentence imposed in their absence was too harsh or severe, the defendant can file a Severity Appeal to the District Court. Please see our page on Severity Appeals for more information.