Hi there. If an accused person fails to attend their own court hearing, the court can adjourn the matter (i.e. set a new court date in the future to resume the matter) or the court can decide the matter in the absence of the accused person. If a matter has been ‘dealt with’, this usually means that the court has decided the matter and, if appropriate, handed down a penalty. You should contact the Local Court registry to ask about the history and status of your matter (www.localcourt.justice.nsw.gov.au).

If you, as a witness to a crime, were not notified of the hearing date(s) or did not receive a subpoena in the mail, you should contact the NSW Office of the Director of Public Prosecutions (www.odpp.nsw.gov.au). The ODPP is responsible for prosecuting crimes on behalf of the police. A person who has given police a witness statement about a crime may be called on to give evidence in court, but the police are not required to subpoena every witness to a crime. A written witness statement may be used as evidence in court instead of a witness giving oral evidence.

Suggested way forward

You should start by contacting the Local Court and ODPP to enquire about the matter. If you want more detailed advice on your legal options, you should speak to a lawyer. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.