Understanding charges
What to do if you are charged with an offence in NSW, including information about fines, penalty notices and Court Attendance Notices.
If it is thought that you have broken a law you can be given a fine (also known as a penalty notice) or charged with an offence.
If you are given a penalty notice and you choose to take your fine to court, the court will send you a Court Attendance Notice (CAN). Before choosing to take your fine to court, you should consider getting legal advice. Find out more about how to apply to go to court for a fine.
If you are charged with an offence you will receive a CAN. This may be given to you on the spot when the event happens or may be posted to you later.
What does the information on the CAN mean?
Different CANs look different depending on by whom and when they are given to you, but the information in all CANs will be similar.
Other documents you might receive
When you are given a CAN you may also be given other documents, for example a bail undertaking, an AVO or the results of a drug or alcohol test.
You should make sure you read and understand all of the information and take these documents with you if you get legal advice.
Who can charge me with an offence?
The details of who has charged you will be on the CAN. Most likely it will be:
- NSW Police
- Transport for NSW
- a local council
- Office of the Director of Public Prosecutions
What do they have to prove?
The person who runs the case against you in court is called a "prosecutor".
The law breaks down each offence into parts, called “elements of the offence”.
If you plead guilty you agree that you did each of the elements. If you plead not guilty the prosecutor must prove each element of the offence "beyond a reasonable doubt" for the judicial officer to find you guilty.
What is a defence?
A defence is a reason that you should be found not guilty of an offence. A defence may be:
- you did not do what the prosecutor says you did, or
- there is a legal excuse for your actions.
Working out whether you have a defence to a charge can be very difficult. You should get legal advice about your case as soon as you can.
If you are pleading not guilty to a traffic offence, please note that Transport for NSW is the authority in relation to demerit points, not the Court. See how to apply to go to court for a fine before entering your plea.
Read more about responding to a charge on Legal Aid NSW.
The information on this page is general information only. Different processes apply for cases in different jurisdictions.