Were you convicted in your absence as you were too sick to appear before the Court? Did other circumstances affect your ability to attend? You could make an Annulment Application to overturn the conviction – also known as a Section 4 Application. If you do not appear in Court for your Hearing or Mention, you can be convicted in your absence, and an Arrest warrant can also be issued depending on the circumstances of the case. However, under Section 4(2)(a) of the Crimes (Appeal and Review) Act NSW 2001, you can make a Section 4 application and have the decision annulled. Let us take you through everything there is to know about an Annulment Application in NSW.

What is an Annulment Application?

An Annulment can be termed as a legal procedure which officially nullifies a verdict issued by the Court. If a case is heard in the absence of the accused, they can submit an Annulment Application. If the application is accepted, the conviction is overturned, and the case is heard again.

Application Criteria

An Annulment Application protects your rights and gives you another chance at pricing your innocence. However, not everyone can submit this application. To make the Annulment application, you must satisfy any of the following circumstances:

You were unaware of the court proceedings and got to know about them only once they were complete; or.
You were unable to attend the hearing due to an accident, illness, or other cause; or.
Given the circumstances, granting the application would be in the interests of justice.

If you simply decided not to attend the hearing without any valid reason, then it will be counted as a mockery of the Court, and you will not be given another chance to present the case. But if you have a valid reason, proceed with the Annulment Application.

Points to Know

You can submit the application to any local court.
You will have to pay a filing fee of around $85.00.
You have to make the application within two years of the conviction.

Documents for Supporting Your Application

You must submit valid evidence supporting your application to make a successful Annulment Application. The required evidence can include but is not limited to:

Affidavit: A detailed statement explaining why you missed the court appearance.
Witness Testimony: A witness who can testify on your behalf and corroborate your account of events.
Medical Certificate: Documentation from a healthcare provider explaining your illness or injury.
Other Relevant Documents: Any additional paperwork that supports your claim.

If you connect with our criminal lawyers, we can help you collect all the relevant documents and submit a valid application.

Annulment Application Procedure

Wondering what a basic Annulment Procedure is like? Let us take you through the basics:

Check if you are eligible for an Annulment Application.
Connect with lawyers and have them consider your situation and guide you forward. They can also inform you about your eligibility.
Collect all documents and prepare for the application.
File the application at the Local Court where the original conviction occurred.
Submit a copy of the application to the prosecutor and ensure all parties know your Annulment Application.
Attend the hearing on the scheduled date and time. The hearing will involve presenting your case, cross-examination and judicial consideration.
The Court will declare the final verdict.

Our lawyers will be there with you throughout the process, guiding you at each step and offering valid advice and assistance.

Outcome of the Annulment Application

The result of the Annulment Application can or can not be in your favour and will determine the further proceedings. There are two possible outcomes:

Successful Outcome: If your application is accepted, the decision made in your absence will be annulled, and the matter will be heard before the Court again. So, the initial conviction will be overturned, and you will be allowed to present your case before the law.
Unsuccessful Outcome: If your application is denied, the original decision will be valid. There will be no further court proceedings or hearings, and you must comply with the initial conviction. But your lawyers can always advise you on what additional steps can be taken.

Connect with Oxford Lawyers for Annulment Assistance

If you have been wrongfully convicted in your absence, an annulment application is one legal procedure that can help you preserve your rights and seek justice. So, you must know all about it and submit a fail-proof application with all valid documents without any delays. Our team at Oxford Lawyers is here to help you in this journey. You can contact us at 0478 821 383 if you need our team to file a Section 4 Annulment Application on your behalf to overturn the Court decision made in your absence. To know more, connect with our experts and let them guide you.