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Once you have applied online to have your matter heard in the Local Court, Revenue NSW you will receive a Court Attendance Notice (“CAN”). The CAN will tell you the place, time and date of the hearing which will be at the court closest to where the offence was allegedly to have been committed.
At the first appearance in the Local Court for a traffic matter you will be asked by the Magistrate to enter a plea. The plea will either be guilty or not guilty.
If you plead guilty to the traffic offence, you can ask for an adjournment to obtain material that would support your application for leniency for the sentence. Alternatively, if you are ready and have all your supporting material ready, you can finalise your matter on the day.
You can appeal the decision and a sentencing hearing can be conducted at the District Court before a Judge.
At the first appearance, you will receive a date for the defended hearing. Note: most traffic offences will not require for the police officer to provide you the evidence until the day of the hearing.
Once you have read the evidence that police have provided with you, the hearing will commence.
First the prosecutor will present their case, call relevant witnesses. You will be able to ask witnesses any relevant questions.
Then you are entitled to present your case if you choose to. If you choose to present a case, you call and question all your relevant witnesses.
Once all evidence is heard, you are able to do closing submissions to the Magistrate. Once this is completed the Magistrate will hand down their judgment.
If the Magistrate finds that you are not guilty then the offence will be dismissed. If the Magistrate finds you guilty then you will have to conduct a sentencing hearing.
What can I do if I am innocent but the Magistrate still found me guilty, what can I do?
You can do an all grounds appeal to the District Court and a judge will access the merit and the decision of the Magistrate on the transcripts and evidence tendered in the Local Court.
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