For many common offences, including possession of a drug, people charged will also be given a written Notice of Pleading. This is a yellow document that can be sent to the court for your first appearance.

On the Notice, defendants can indicate whether they are pleading guilty or not guilty. If they aren’t on bail and the notice is received by the court at least 7 days before the first court date, they then aren’t required to come to court for the first appearance. Section 182 Criminal Procedure Act 1986.

Pleading Guilty

For people pleading guilty, it can be tempting to just fill in the notice, write a brief explanation, and not go to court. Understandably, not having to go to court and avoiding the embarrassment and cost can be attractive. If the offence is not going to result in a serious sentence, usually the matter will then be dealt with by a magistrate at the end of the court day. For example, a fine imposed and then a notice of penalty is sent to the offender to be paid.

Non-Conviction?

The problem with this approach is if it is your first offence, and you’re hoping to avoid a conviction, sending in the Written Notice of Pleading can be a big mistake.

Why? There are two reasons.

Section 10 Bond Not Available

Firstly, most people who are fortunate enough to be dealt with without conviction are released on a good behaviour bond under section 10(1)(b). Very few people are given a full dismissal under section 10(1)(a).

To be dealt with under a good behaviour bond, you must be physically present at court to accept the terms of the bond. If you don’t turn up to court and the magistrate doesn’t feel a dismissal under section 10(1)(a) is appropriate, you will almost certainly be convicted.

Accepting Responsibility

Secondly, for a magistrate to deal with you, without a conviction, generally you need to demonstrate remorse and an acceptance of responsibility. If you don’t turn up to court, it becomes very hard to distinguish yourself from everyone else being sentenced on that day and show the court you are sorry.

Whether or not to rely on a written notice will depend on each case. However, if you are pleading guilty and genuinely want the best outcome, it is never advisable.