Fines can have serious consequences, especially when they result from circumstances beyond your control. In Victoria, individuals facing fines due to special circumstances—such as homelessness, family violence, or mental and intellectual disabilities—have an opportunity to seek a fair resolution through the Magistrates’ Court.

This guide outlines the key steps involved, offering practical advice to help you understand your rights, prepare for court, and navigate the legal system with confidence. Whether your fines relate to traffic offences, unpaid penalties, or other matters, this resource equips you with the knowledge to present your case effectively.

Preparing for Court to Address Special Circumstances Fines

Facing court for special circumstances fines can be daunting, but proper preparation helps you present your case confidently and effectively to the magistrate or judicial registrar.

1. Initial Review by Fines Victoria

Before proceeding to court, you must apply to Fines Victoria for a review of your fines under special circumstances. This step is critical as it establishes the foundation for your court case.

• Application Process: Submit documentation supporting your claim, such as medical evidence, a letter from a support worker, or other relevant materials.
• Outcome of Review: Fines Victoria will assess your application and, if accepted, refer your matter to the Magistrates’ Court.

For detailed guidance on preparing this application, refer to the ‘How to make a special circumstances application‘ section on the Victoria Legal Aid (VLA) website.

• Preparation Before the Court

A week or more before your scheduled court appearance, consider the following steps to ensure you are fully prepared:

• Arrange Leave: Take time off work, as court proceedings may last an entire morning or afternoon.
• Organise Childcare: Arrange care for your children, as courtrooms are not suitable environments for young children.
• Bring a Support Person: If you are appearing for driving offences, someone may need to drive you home if your licence is suspended.
• Gather Evidence: Bring all relevant documents, including:
  • Medical reports
  • Support letters
  • Any paperwork previously submitted to Fines Victoria.

What to Expect During the Hearing

1. Acknowledging the Offence

At your hearing, you will need to plead guilty, acknowledging that you broke the law. This will result in a criminal record. However, your plea will focus on demonstrating that the offence occurred due to your special circumstances.

• Presenting Your Case

You must convince the magistrate or judicial registrar that:

• Your special circumstances made it difficult for you to control behaviour.
• Your special circumstances prevented you from understanding that your actions were unlawful.

The court will consider the evidence submitted during your application to Fines Victoria and any additional materials you present during the hearing. Based on this information, they will determine the appropriate penalty.

• Possible Outcomes

Outcomes include reduced fines, mandatory participation in support programs, or complete dismissal of fines. For detailed information, visit the ‘Possible outcomes and penalties‘ section on the Victoria Legal Aid (VLA) website

Guidelines for Speaking in Court

When speaking to the magistrate or judicial registrar, keep these tips in mind:

• Stand when addressed by the magistrate or judicial registrar.
• Use formal titles, such as ‘Your Honour.’
• Wait for the magistrate or judicial registrar to finish speaking before responding.
• Speak clearly and confidently and maintain eye contact where possible.
• Use notes for reference but ensure you engage directly with the magistrate or judicial registrar.
• Observe other cases before yours to familiarise yourself with courtroom protocols.

Further Steps and Considerations

When dealing with fines under special circumstances, it is crucial to understand your options and responsibilities after the hearing. Taking proactive steps can help strengthen your case and ensure compliance with court decisions.

1. Legal Representation

While it is not mandatory to have a lawyer represent you, legal advice can significantly strengthen your case. If you cannot afford a private lawyer, contact Victoria Legal Aid or a community legal centre for free or low-cost assistance.

• Appealing a Decision

If you disagree with the court’s decision, you may have the right to appeal. Seek legal advice promptly, as appeal periods are limited.

• Post-Hearing Support

Depending on the court’s decision, you may be required to engage with support services or payment plans. Make sure to follow through with any court orders to avoid further legal complications.

Key Legislation

1. Fines Reform Act 2014: Governs the process for managing fines and special circumstances.
2. Infringements Act 2006: Sets out the procedures for handling infringement notices.
3. Magistrates’ Court Act 1989: Establishes the court’s jurisdiction and procedures.

Resources and Support

1. Victoria Legal Aid: Provides free legal advice and resources.
2. Community Legal Centres: Offer tailored legal assistance across Victoria. Find a centre near you at Federation of Community Legal Centres.
3. Fines Victoria: Handles fine reviews and payment arrangements.
4. Legal Aid’s Booklet: Refer toYour Day in Court for detailed guidance on court processes and preparation.

Conclusion

Addressing fines due to special circumstances requires careful preparation and a clear understanding of the legal process. By gathering strong evidence, seeking appropriate support, and adhering to court protocols, you can effectively present your case. Leverage available resources and seek legal advice to navigate this process with confidence.