Traversal Applications  | ADADA Legal

What Is a Traversal Application?

A Traversal Application allows an accused person who previously pleaded guilty to seek an order from the court to set aside that plea and have it replaced with a plea of not guilty. The court must be satisfied that it is appropriate to allow this change before the matter is re-listed for hearing.

This process typically arises in situations such as: 

• You were self-represented and did not understand the legal consequences of entering a guilty plea.

• You were not given proper or adequate legal advice before the plea was entered.

• A plea was entered by a legal representative without proper communication or authority.

• You were not fully informed of the details or evidence relating to the charge at the time of entering the plea.

Legal Basis

Under Section 207 of the Criminal Procedure Act, you may apply to the court to change your plea from guilty to not guilty before proceedings are finally disposed of. If the court agrees there are reasonable grounds, it can set aside the earlier plea and conviction or order, and proceed as if the plea had not been entered. 

How ADADA Legal Can Assist You

Navigating a traversal application requires careful legal analysis, clear evidence and compelling submissions. At ADADA Legal we will:

• Review your case history and the circumstances of the original plea.

• Identify and document legal grounds for seeking the traversal.

• Prepare and lodge the application with supporting affidavits and evidence.

• Appear in court and advocate on your behalf, presenting why the plea should be set aside. 

Changing a plea is time-sensitive and can be complex. Early legal advice ensures your application is accurately prepared and increases the likelihood the court will grant your request. 

Traversal Applications Frequently Asked Questions

What is a traversal application?

A traversal application is a formal request to the court to set aside a previously entered plea of guilty and change it to a plea of not guilty, usually because the original plea was entered without full understanding or proper legal advice.

Who can apply for a traversal?

Anyone who has entered a plea of guilty can potentially apply, especially if the plea was made under misunderstanding, incorrect advice, or without being fully informed of all relevant facts.

When should a traversal application be made?

A traversal application must generally be made before the summary matter is finally disposed of, meaning the legal matter hasn’t been fully finalised with no further appeals or orders pending. 

Will the court always allow my plea to be changed?

No. The court will consider whether there are valid reasons to change the plea, including fairness, circumstances of the original plea, and any prejudice to the prosecution. The court may refuse the application if it finds no reasonable basis for traversal. 

What happens if my traversal application is successful?

If the court grants your application, your original plea and conviction/order are set aside, and your matter proceeds as if you had pleaded not guilty. This may result in a defended hearing or other legal processes. 

Do I need a lawyer for a traversal application?

While it’s possible to make your own application, having experienced criminal lawyers significantly improves your chance of success. A skilled lawyer will ensure your application is legally strong, supported by evidence, and effectively presented in court.