If you miss your court date

You will receive a letter from the Court to let you know the new date. Make sure to not miss the next court date by registering for court date reminders.

If you are convicted in your absence you will receive a letter from the Court explaining the penalty.

If you were intending to plead guilty you may choose to accept the penalty. Alternatively, you might choose to apply for an annulment if you wish to return the matter to court to seek a different outcome. 

Applying for annulment

An application for annulment to the Court may be considered if:

• you were too sick to attend court
• you were involved in an accident on your way to court
• you were delayed because of some other reason, for example, assisting police, arrest, serious traffic delays
• it is in the interests of justice to annul the court's decision.

An application for annulment may not be granted where:

• you simply forgot to turn up to court, or
• you got your days confused.

You should get legal advice before asking for an annulment.

Read Step by step guide: Making an annulment application from Legal Aid NSW.

If the application is granted your case will start again and go through the usual court process.

A warrant may be issued to have you arrested and brought before the court. If the court issues a warrant, the warrant will be sent to the police. The police are then responsible for arresting you and bringing you to court.

You will be taken into custody and brought before the next available court for consideration of your case. Depending on the time you are arrested you may have to stay in custody overnight or longer.

Contact Legal Aid NSW for more information and referrals to legal advice.