Going to court
Applying to have your fine heard in court
You may want to have your fine heard in court because:
- you don't believe you broke the law, and you want to challenge the fine. If you challenge the fine, you may enter a plea of not guilty and your case will be given a hearing date, where a magistrate will decide whether you are guilty or not guilty of the offence.
- you did break the law but you had a reason for breaking the law and you think the fine is too harsh. If you want to explain what happened to a magistrate, you may enter a plea of guilty and you will be sentenced by a magistrate who will decide on the fine.
This section covers:
- Why apply to have your fine heard in court?
- When to apply to have your fine heard in court (and whether you are within the time limit)
- How to apply to have your fine heard in court
- What happens next?
If you go to court, the court may order that you pay a higher fine, and you may also be ordered to pay court costs. Before applying to go to court, you should get
legal advice.
If you have received a criminal infringement notice (CIN) and you go to court, your matter will be heard by the local court as if you had been charged with the criminal offence. All CINs that are heard by the local court will appear on your criminal history. Before applying to go to court, you should get legal advice.
For more information, see Apply to have your fine heard in court.
If you have applied to have your fine heard in court because you do not think you should have been fined, you can write to the prosecutor handling the matter or the officer in charge of your case and ask them to drop the case against you. Your letter should explain why you think you are not guilty and provide any evidence that supports your views. This is called making a 'written representation'. Before making a written representation you should get
legal advice.
Mention
The first time that you go to court is called a 'mention'. The purpose of the mention is for the court to find out whether you want to plead guilty or not guilty. If you need more time to get legal advice before entering a plea, you can ask for an 'adjournment'.
If you can't make it to court you may be able to call the court and ask for an adjournment, have the case moved to another court, or send a Written Notice of Pleading.
If you miss court, the magistrate may make a decision to find you guilty without being there. The magistrate may also issue a warrant for your arrest.
If this happens, you may be able to apply to the Local Court to have the decision annulled (cancelled) and for your case re-heard.
For more information, see
Mention.
Pleading guilty
If you plead guilty, your case will usually be heard on the same day and you will be sentenced for the offence.
This section covers:
- Preparing for court (including submissions and character references)
- Changing your plea
- Presenting your guilty plea at worked
- Pleading guilty in writing.
For more information, see
Pleading guilty.
Pleading not guilty
If you plead not guilty, the court will usually list your case for a hearing on another date and give directions about the:
- number of witnesses required to attend the hearing
- length of the hearing
- date that any evidence needs to be served on (given to) you before the hearing
- return date for any subpoenas.
This section has information about:
- what will happen at the mention
- how to prepare for the hearing
- how to present your case at the hearing
- pleading not guilty in writing, if you can't go to court on the first date for the mention.
For more information, see
Pleading not guilty.
Costs
If you go to court and you are sentenced, you may receive a fine. You may also be ordered to pay other costs.
This section has information about:
- the court costs levy
- the victims support levy
- professional costs
For more information, see
Costs in fine cases.
Case study
Case study - Charlie and the police
Charlie was driving along the highway when there was an accident in front of him. The car in front of Charlie rear-ended another car and Charlie knocked into the car immediately in front of his car. A police officer attended the scene and Charlie was fined for negligent driving. The police officer says that Charlie failed to keep a proper lookout, and failed to keep a safe distance from the car in front. Charlie thinks that he did everything he could to drive safely and that the accident could not have been prevented.