If the Local Court has convicted and/or sentenced you when you weren’t at court, you may be able to have your matter reheard by filing out an Annulment Application.

What is an Annulment Application?

Sometimes referred to as a “section 4 application”, an Annulment Application can be filed with the Registry. The application is then listed in court before a Magistrate. If successful, the court will reconsider your matter afresh and will deal with the matter as if no conviction or sentence had previously been made.

How long after the conviction or sentence do I have to lodge my application?

Two years but you should make your application as soon as possible.

What does the Court consider when deciding on an Annulment Application?

The court must be satisfied of one of the following to grant an Annulment Application:

• You were for some reason not aware of the proceedings in the Local Court;
• You were hindered by accident, illness, misadventure or other cause from attending; or
• The court finds that it would be in the interests of justice to grant the application in the circumstances.

What happens after my application is granted?

If you decide to plead guilty, the Court may deal with your matter immediately or set another date for you to come back to Court.

If you decide to plead not guilty, the matter will be set for a hearing or adjourned for a brief of evidence to be served on your lawyer.

Will the Magistrate who granted my Annulment Application also be the one sentencing me?

Sometimes the same Magistrate will proceed to sentencing you but this is not always the case.

Can I still make an Annulment Application if I didn’t attend but filled out the back of the yellow Court Attendance Notice and sent a written plea to the Court?

No, entering a plea using this form is an election to have the matter heard in your absence.

If you were sentenced in your absence, one of our Criminal and Traffic Law Specialists can help you with an Annulment Application. Contact us on 9025 9888 or leave an enquiry on our website to speak with one of our criminal law specialists.

Photo by Colin Lloyd