Receiving a document that lists a criminal charge and tells you that your matter is going before a court can understandably be alarming. But receiving a court hearing notice or summons does not mean you have been found guilty. It means that a prosecution has been commenced and there are now important steps you need to take.
We sit down with leading Perth criminal lawyer Andrew Williams to explain what a court hearing notice or summons means in Western Australia, what happens at the first court appearance and why these documents should never simply be ignored.
What Is a Court Hearing Notice or Summons?
“Receiving a court hearing notice or summons means a prosecution has commenced against you. It does not mean you have been found guilty,” Williams explains.
Whether you receive a court hearing notice or a summons will generally depend on the type of offence involved.
Section 28 of the Criminal Procedure Act 2004 (WA) states that where an accused person is not in custody, an indictable offence will ordinarily be notified by a summons, while a simple offence will ordinarily be notified by a court hearing notice.
A summons is a formal document requiring you to attend court. Under section 32 of the Act, it must state when and where the prosecution will be heard and require the accused to appear personally at a particular time and place.
A court hearing notice works somewhat differently. Under section 33 of the Act, it must state when and where the prosecution will be heard, as well as whether the accused is required to appear personally, may provide a written plea or may have the charge dealt with in their absence.
This does not mean a court hearing notice can simply be ignored. Rather, depending on the charge and the instructions contained in the notice, there may be circumstances in which the matter can proceed without the accused attending court personally.
What Information Should the Document Contain?
A court hearing notice or summons should provide the court location and the date and time at which the matter will be dealt with. It should also contain relevant instructions about attendance or, where applicable, providing a written plea.
The court hearing notice or summons will generally be accompanied by a prosecution notice identifying the alleged offence and the relevant law under which the person has been charged.
A statement of material facts will also form part of the documentation. This sets out, usually in a series of paragraphs, the facts alleged by the prosecution that form the basis of the charge.
It is worth checking that your identifying details are correct and confirming whether you have received a summons or court hearing notice, as the requirements can differ.
If information appears to be incorrect, legal advice should be sought. However, an error in a prosecution document does not necessarily mean that the prosecution itself is invalid.
What Happens at the First Court Appearance?
What happens at the first court date will depend on the nature of the charge and whether the matter is ready to progress.
For a simple offence, the court may:
1. Take a plea of guilty and proceed to sentencing, or adjourn the matter to a sentencing hearing on another date.
2. Adjourn the matter to allow time for legal advice.
3. Take a plea of not guilty and adjourn the matter to a trial allocation date, usually with an order for disclosure, or alternatively set a trial date.
Entering a plea is an important decision and can have significant consequences for how a case proceeds.
“One of the most important things is not to rush into entering a plea before you understand the charge and the consequences,” Williams says. “A plea can significantly affect how the matter proceeds.”
Indictable charges generally begin in the Magistrates Court even where they will ultimately be dealt with in the District Court or Supreme Court.
For an indictable matter, the first appearance may simply be a mention hearing, with the case adjourned to allow time for legal advice. Alternatively, it may be adjourned to a disclosure committal hearing, before which the prosecution will generally be required to provide the defence with the relevant evidentiary disclosure materials.
What Happens If You Ignore the Notice?
Ignoring a court hearing notice or summons can have serious consequences, although those consequences differ depending on the document received.
If a person has been properly served with a court hearing notice but does not appear, section 55 of the Criminal Procedure Act 2004 (WA) allows the court in certain circumstances to hear and determine the charge in their absence.
This means a person could potentially be convicted and sentenced without being present to put forward their own position or circumstances.
Failing to comply with a summons can carry additional consequences. Under section 181 of the Act, failing without reasonable excuse to obey a properly served summons is itself an offence, carrying a maximum penalty of 12 months’ imprisonment or a fine of $12,000. A court may also issue a warrant for the person’s arrest.
According to Williams, “The worst thing you can do is simply put the paperwork aside and hope the matter goes away. Depending on the type of notice, the court may be able to deal with the charge in your absence, or there may be further consequences for failing to attend.”
For this reason, anyone who is unsure whether they are required to attend court should clarify their obligations rather than assuming attendance is optional.
What Should You Do After Receiving a Court Hearing Notice or Summons?
The first step is to read all of the prosecution documents carefully and make a record of the court date.
“Read every page, record the court date and keep all of the documents you received,” Williams advises. “You should also preserve anything that may be relevant to the allegation, including messages, photographs, receipts or video footage.”
Keeping the envelope and any information relating to service may also be worthwhile, as when and how the documents were served can sometimes become relevant.
It is also important to avoid contacting witnesses in an attempt to influence what they say and to be cautious about discussing the allegations or posting about the case online.
Perhaps most importantly, obtain advice from a criminal lawyer in Perth before entering a plea, providing police with any further account or deciding that you do not need to attend court. The appropriate response will depend on the charge, the circumstances and the instructions contained in the documents received.
A Court Notice Is the Beginning of the Process, Not the Outcome
Receiving a court hearing notice or summons can make a criminal charge suddenly feel very real. However, these documents mark the beginning of the court process; they do not determine whether the allegations against a person are ultimately proven.
What matters in the early stages is understanding the document you have received, knowing whether you are required to attend court and avoiding decisions that could unnecessarily affect your position. Court dates should be recorded, potentially relevant evidence preserved and legal advice obtained before entering a plea or deciding how to respond.
For anyone unfamiliar with the criminal justice system, the terminology and procedures can be daunting. But approaching the notice methodically, rather than ignoring it or reacting hastily, can put you in a much better position to understand what happens next.
