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Where am I now? Lawlink > Local Courts > Application to Review a Criminal Case Heard in the Absence of the Defendant
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Application to Review a Criminal Case Heard in the Absence of the Defendant
Application under Section 4 of the Crimes (Appeal and Review) Act 2001
If your criminal case was heard by the Local Court without you being there, you may have the right to apply to have the matter re-heard. You may make an application requesting the Court to set aside any orders made so that the case may be re heard.
Grounds for Making an Application
You will only have the right to make an application to annul the decision of the Local Court if you can show that you were prevented from attending court because you were unaware of the court date or that you could not make it due to accident, illness or other good reasons.
Types of Cases Where No Right to Apply Exist
An application under section 4 cannot be made in relation to non criminal cases such as: -
(i) Apprehended Violence Proceedings (AVO’s).
(ii) Fencing applications
(iii) License appeals.
Procedures When Making an Application
There is a Fee for filing the application. That fee is currently $59.00. The application must be lodged within 2 years of the date of the courts order. After that time you will have to make application to the Attorney General of New South Wales to request the order be set aside. The application has to be in writing. You can have it prepared at any Local Court, but it must be listed for hearing at the Court, which dealt with the case. If the Court grants your application, it means that the original offence will be brought back before the Court.
An application for a Section 4 annulment does not require a specific form to be used but must be made in writing.
The lodgement of the application will not stay the enforcement of the courts order. If you wish to stay the enforcement, please discuss that with Court Staff when you lodge the application.
If you are unable to apply for a review of your case under section 4 you may have other rights to appeal the decision. You should obtain advice from a legal practitioner regarding your rights.
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