Serving Court Attendance Notices in NSW
If you are a private prosecutor, or a practitioner holding a court attendance notice a registrar has signed, this page sets out the service of court attendance notice NSW rules require: who may hand it over, which methods count, the deadline, and how service is proved at the registry. We serve CANs by hand and give you the paperwork the court expects.
Police and public officers serve most notices themselves. The ones that reach a process server are usually private prosecutions and practitioner matters, where the accused may not be expecting anything and the first listing is already in the diary. A CAN is one of the documents covered in our list of court and tribunal documents we serve.
What is a court attendance notice?
A court attendance notice is the document that starts a criminal case in a NSW Local Court. It names the accused, describes the alleged offence, and requires them to appear at a stated court on a stated date. Proper service of court attendance notice NSW paperwork is what lets that first listing go ahead. Who issues it decides who serves it.
Police notice
Issued by a police officer after a charge or investigation. Police serve it, so a private server is rarely involved.
Field notice
The short form police often hand over at the scene, commonly called a field CAN. It is served on the spot.
Public officer notice
Issued by an officer of a council or state agency enforcing its own legislation, often served by that agency.
Private prosecution
Filed by a person or business and signed by a registrar. This is where a process server usually comes in.
Section 172 of the Criminal Procedure Act 1986 (NSW) says criminal proceedings begin when a court attendance notice is issued and filed. The notice itself has two halves: a court copy with a statement of service on the back, and a defendant copy that explains the charge, warns that failing to appear can lead to arrest or the case going ahead without them, and points the person to legal help. If you were handed one and want to understand it rather than serve it, our explainer on court attendance notices in NSW walks through each part.
When does a private process server serve a CAN?
A private server is instructed when the notice was issued by a registrar for a private prosecutor, or when a practitioner acting for that prosecutor needs it served. Police and public officer notices are normally served by the issuing agency, not by an outside server. Timing pressure is the usual trigger.
- Who issued it
- Police, a public officer, or a registrar on a private prosecutor's application.
- Who serves it
- For registrar-issued notices, the classes of person named in the Local Court Rules.
- Who instructs us
- Private prosecutors, their solicitors, and businesses pursuing an offence.
Under section 177 of the Criminal Procedure Act, a notice issued by anyone other than a police officer or public officer must be served by a person of a class the rules prescribe, and a copy filed in the registry. The Local Court Rules 2009 then list who may serve process a registrar issued for someone else: the person it was issued for, a sheriff's officer, a licensed process server, a legal practitioner, or a practitioner's employee.
So a private prosecutor may serve their own notice. Most choose not to. The accused is often a neighbour, a former business partner or someone the prosecutor has already clashed with, and a doorstep meeting between them helps nobody. An independent server also gives the court a neutral account of service if the accused later says they never received anything.
Practitioners instruct us for a simpler reason: the address is outside their area, the accused works odd hours, or the listing is close and their clerk cannot spare three evenings of attempts.
A registrar must refuse to sign a private notice that looks frivolous, vexatious or without reasonable prospects. We only serve a CAN that carries the registrar's signature and a listing date.
What are the service requirements under NSW law?
A CAN for a summary offence can be served personally, by post to the accused's home address, or by fax or electronic means if the accused has consented. Anything other than personal service must happen at least 21 days before the first listing. The server then completes the statement of service on the court copy.
| Method | When it is allowed | Points to watch |
|---|---|---|
| Handed to the accused | Any CAN | The most reliable method; the server must be sure of identity before handing it over. |
| Left with an adult at home or work | Listed on the court's CAN form: a person apparently 16 or over at the usual residence or place of business | Record who accepted it and their link to the accused, because this is the method most often disputed. |
| Post to the residential address | Summary offences only | Must be at least 21 days before the first listing; useless if the address is stale. |
| Fax or electronic copy | Summary offences, and only with the accused's consent | The same 21-day minimum applies; consent has to be provable. |
| Through a correctional centre | Accused in custody | Forwarded to the officer in charge, who passes it on. |
Summary of the Local Court Rules 2009 (rule 5.9) and the Local Court's CAN form, as at October 2026. The notice and any court direction govern.
Section 177 of the Criminal Procedure Act 1986 (NSW) requires a privately issued notice to be served by a prescribed class of person and filed in the registry. Rule 5.9 of the Local Court Rules 2009 sets the methods for summary offences and the 21-day minimum for post, fax and electronic service. Rule 8.4 sets the registrar's grounds for refusing to sign.
How do we serve CANs?
We check the notice is signed and listed, confirm the accused's current address, attempt personal service at times they are likely to be in, and complete the statement of service and an affidavit as soon as the notice is handed over. If the listing is close, we tell you on day one whether the timing is realistic.
- On instruction
Notice and listing checked
We confirm the registrar's signature, the court, the listing date and the offence details, so the serve cannot be challenged on the face of the document.
- Same day
Address tested
A CAN posted to a house the accused left a year ago achieves nothing. We look for signs the address is current before the first knock.
- Attempts
Personal service
Morning, evening and weekend attempts, with identity confirmed first. If the accused refuses to take it, the notice is put down in their presence and explained.
- After service
Statement and affidavit
The server signs the statement of service in front of a witness, and swears an affidavit within [n] business days if you want one for the file.
- Before the listing
Filed with the registry
You file the court copy, or we return it to you ready to lodge, well before the first mention.
What proof of service does the registry need?
The registry needs the completed statement of service on the court copy of the notice, signed by the server and a witness and showing the date and method. A separate affidavit of service is useful when the accused does not appear and the magistrate wants more detail. We provide both.
✓Statement of service on the CAN
- Printed on the back of the court copy
- Names the server and their occupation, and the date served
- Ticks the method used, such as handing it to the accused
- Signed by the server and a witness when a private person serves
✕Affidavit of service
- A sworn account in the server's own words
- Describes how the accused was identified and what was said
- Sets out earlier failed attempts, if there were any
- Helps if the accused fails to appear and service is queried
The statement of service is short on purpose; it tells the registry what happened, not how. When an accused does not turn up, the magistrate decides whether to deal with the matter in their absence or issue a warrant, and a fuller sworn account of the serve makes that decision easier. Read how we prepare the affidavit of service for court and tribunal documents. The court's own Court Attendance Notice form shows the statement of service exactly as it must be completed.
What does CAN service cost, and how fast is it?
A court attendance notice served in Sydney metro costs [$ figure] including GST, with the first attempt inside [n] hours and the statement of service included. Regional notices are priced and timed by zone, [confirm per zone]. The price is fixed before we attend.
If the first listing is only days away, an instruction received before [cut-off time] gets a same-day attempt at an added rate. Where the accused has clearly moved, we stop, report what we found and leave the next step to you rather than running up attempts at an empty house. Every figure, including regional travel, is in our schedule of process serving prices.
How do you instruct us to serve a CAN?
Send a scan of the signed notice with both copies, the accused's full name, every address you hold, a photo or description, and the first listing date. We confirm the price and start attempts, then return the completed court copy ready to file.
Practitioners can send several notices in one email with a matter reference for each. Private prosecutors who have not done this before can upload what the registry gave them and we will tell you whether anything is missing. For background on who we are and how a job runs, read about iServe Process Servers and our 7-day service.
Questions about serving court attendance notices
Three questions prosecutors and practitioners raise before booking a CAN serve. Anything else goes through the contact page.
Do police serve all CANs?
Can a CAN be served on a weekend?
What if the person no longer lives at the address?
This page describes how court attendance notices are served in NSW in general terms only. It is not legal advice about bringing or defending a prosecution. A criminal lawyer, Legal Aid NSW or LawAccess NSW can advise on your own matter. Rules referred to here were last reviewed October 2026.