Local court procedures
Don’t be court out
A presentation to Council
officers
Presentation content
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New “amended” legislation
Applicable to Council
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Commencement of summary proceedings
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in food, environmental and PIN appeals
Court attendance notice (CAN)
Service of CAN
Pre-trial arrangements
Additional information sources
New legislation
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Repeal of Justice Act
Criminal Procedures Amendment (Justices
and Local Courts) Act 2001
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Local Court (Criminal and Applications
Procedures) Rules
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from 7 July 2003
from 4 June 2003
Increased powers to clerk of local court
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automatically appointed as Registrars
Court attendance notice
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Replaces information and summons
“Public officer”-Council officer can start
proceedings
Three copies:
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defendant copy
court/service copy-contains “affidavit” of service
council/prosecution copy
One CAN for each offence
Council officer listed as “ prosecutor”
Contains time & date of court listing
Current fee $ 61 per CAN (2004 fee)
Service of CAN
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Handing it to accused person or another
person (>16) at accused residence /
business
If corporation,personally to principal
officer
Post or facsimile to person’s residential
address < 21 days before court listing
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deemed served after 4 days if posted
Emailing to the person’s email address
Commencement within 6 months of
offence date
Does not contain “Brief of Evidence”
Commencement of
proceedings
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Court Attendance Notice(CAN)
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Prepared by public officer who:
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picks court hearing date, and
serves “defendant” copy of CAN on defendant, and
files court/service copy of CAN at Court in 7 days or 11
days if posted
BMCC service of “defendant” copy by
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registered mail using
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registered mail sticker
posting at post office using duplicate recording sheet
copy of duplicate sheet retained in records/mail room
Service of evidence
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Handing it to defendant
Posting or faxing to defendant’s residential
address
Emailing to defendant’s email address
By consent, forwarding by post, fax or email
to defendant’s legal representative
If plea of not guilty, brief to served <14 days
before hearing
Pre-trial proceedings
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Defendant may lodge written plea with
court
Appearance in court
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Expect five CAN court lists:
Police
 Infringement Processing Bureau*
 Others*
 AVO
 Applications eg licence appeals, dividing
fences
*Council matters
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Summary
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Issue CAN and choose court date
Serve CAN on defendant
File CAN in court (with cheque)
Advise solicitors
Serve “Statement of evidence” on
defendant
Additional information
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www.lawlink.nsw.gov.au
Your local court
Council’s solicitor/s
Local court procedures
The end