What Is A Court Attendance Notice (CAN)?

A Court Attendance Notice (CAN) is the form used by police and other prosecuting authorities to commence criminal or traffic proceedings against a person. It is a formal notice requiring the person to attend court to answer the charges against them. The consequences of not attending court are very serious.

Requirements Of A CAN

A Court Attendance Notice must display the following information:

1. A description of the offence/s you are charged with
2. A brief statement of the particulars of the offence/s (e.g. time, location)
3. The details of the police involved in your matter
4. A date, time and place for you to appear before court
5. A statement that if you fail to appear in court on the date, time and place specified, you may have a warrant issued for your arrest or the matter may be dealt with in your absence.

Your CAN will also generally come with a police fact sheet setting out the police account of the offence/s.

When Will You Receive A CAN?

You will receive a CAN when you are charged with a criminal offence or if you elect to take a penalty/infringement notice (e.g. speeding) to court.

When a CAN is issued will often depend on what type of matter you have been charged with and how serious the matter is. Less serious matters may result in a CAN being sent to you in the mail (Future CAN).

What Do I Do Once I Receive My CAN?

1. Ensure you note the date, time and place you are required to attend court
2. You should seek legal advice
3. You must appear at court. In some circumstances, you may not be required to attend in person if you have a legal representative appearing for you.

Do I Have To Attend Court In Accordance With My CAN?

The short answer is yes. If you do not attend on the date set out on the CAN, your matter can be dealt with in your absence and/or a warrant can be issued for your arrest for the purposes of bring you before the court.

If you or anyone you know have received a Court Attendance Notice (CAN), you should seek legal advice at the earliest opportunity. Our expert Criminal Defence lawyers are available to provide you with more detailed information on the process, and give you advice on your matter.

Always remember – make First Offence Legal your first defence!