If you are representing yourself, you will need to prepare evidence to support your case.
Depending on the type of matter you are defending, there may be different types of evidence you can rely on. For example:
This is a guide only. The kind of evidence you need will depend on your case. If you are not sure what evidence you need to support your case, you should get
If you want to use electronic evidence, such as videos or sound recordings, you should contact the court as soon as possible before the hearing to make sure that the equipment you need is available on the day.
You can take photographs of the location of the alleged offence to use as evidence. You may want to take photos that show signs, obstructions, hazards or anything else that is relevant to your case.
If you are using photographs as evidence, you should make sure that they are printed and good quality. You cannot show the photographs on your mobile phone or camera.
If you have received a fine from a council for a parking offence, or from State Debt Recovery (SDR) for a camera detected offence, the prosecutor may use any photographs that were taken to confirm that your vehicle was the vehicle seen at the alleged offence and that you were the driver. You should make sure that you look at these photos as part of your preparation for the hearing.
To get a copy of a photograph from a council, you should speak to the council who issued the fine and request a copy of the photograph.
To get a copy of a photograph taken by a camera, you can either;
State Debt RecoveryPhoto RequestsPO Box 786Strawberry Hills NSW 2012
If you were stopped and received a fine from a police officer, the alleged incident may have been recorded on In-car Video (ICV). ICV is footage recorded by equipment installed in some police vehicles. The ICV records images and sounds. It can record a conversation you have with a police officer after you are stopped.
Police officers who have ICV equipment in their cars must record any vehicle that they follow and intend on stopping. Once the police officer stops you they must tell you if they are using the ICV.
If you were told that the incident was recorded, you may want to view this footage before you go to court. You should contact the officer in charge or the prosecutor dealing with your matter and make an appointment to view the footage or make some other arrangement.
If you haven't had a chance to view the ICV before or on the day of court, you may be able to ask for an adjournment to get some more time.
Closed Circuit Television (CCTV) is a television system which is used for the surveillance of a premises or place.
CCTV cameras are usually located near:
If you are fined for an offence that occurred in one of those areas, such as "Attempt to re-enter or remain in the vicinity of premises" or "Smoking in a covered or enclosed station area", you may want to consider getting a copy of any CCTV footage to help prove that you did not commit the offence.
Owners or operators of CCTV footage may provide access voluntarily. CCTV footage may not be kept for long periods and you should ask for a copy as soon as possible.
If an organisation will not voluntarily give you a copy of the footage, you can serve a Subpoena for Production.
For more information, see
Subpoenas - Step by step guide.
You might have documents such as letters, maps or receipts that support your case, for example:
Witnesses who can support your case should attend the hearing with you to give evidence in person.
For more information about how to question your witnesses in court, see
Arguing your case.
If your witnesses do not attend the hearing, you can ask the court for an adjournment. However, if you haven't subpoenaed your witnesses, the court may not give you the adjournment. If you want to make sure your witnesses attend the hearing, you should think about subpoenaing them.
If the court adjourns your case because your witnesses did not attend court, you may be ordered to pay the prosecution's costs of attending court that day.