After court

At the end of your case you will either be found guilty or not guilty. If you are guilty, the magistrate will decide what punishment to give you, if any. This is called 'sentencing'.

This section covers:

​Paying the court fine

If you have been fined by the court, the magistrate will usually order that you pay the fine within 28 days. You will be sent a notice of penalty which tells you the amount you have to pay.

If you can't pay the fine within 28 days, you can apply at the court registry to pay the fine by instalments or ask for an extension. You can't ask the court registry for an extension of more than three months to pay the fine.

For more information, see Paying the court fine.      

Appealing the decision

If you are not happy with the decision of the court, you may wish to consider whether to appeal the decision. It is possible to appeal:

• a conviction, if you do not think the magistrate should have decided that you are guilty
• the sentence, if you believe it was too harsh.

There are time limits for appealing the decision. You must file your appeal within 28 days of the decision. You should get legal advice before filing an appeal.

For more information, see Appeals and annulments.

Annulling (cancelling) the decision if you missed court

If you were not at court when the decision was made, it may be possible to apply to the Local Court to have the decision annulled (cancelled) and the case re-heard. You will need to file an Annulment Application. A magistrate may annul the decision if:

• you did not receive your Court Attendance Notice (CAN)
• you have a good reason for not attending court
• it is in the interests of justice to annul the decision.

There is a time limit for filing an Annulment Application. You must make your application within two years of the original decision. If you are not sure if you are out of time to make an Annulment Application, you should get legal advice.

For more information, see Appeals and annulments.

​​How the decision affects your driving or criminal record

If you have been found guilty and convicted of the alleged offence, there will be a record of the conviction. Depending on the type of offence, it may be recorded on your driving record or your criminal record.

For more information, see Driving and criminal records. ​