The Law Handbook 2024

120 SECTION 3: Fines, infringements and criminal law different procedures, options and requirements that apply to each type of court hearing. When you attend court after being arrested under an enforcement warrant, there are different options and considerations that apply during the hearing. See ‘Enforcement warrant hearings (‘section 165 hearings’)’ discussed in detail below. 1 You elect to have the matter dealt with in open court At any time before a fine is registered with Fines Victoria and before a notice of final demand is issued, you can ask the enforcement agency to refer an infringement offence to the Magistrates’ Court (or, in the case of a person under 18 years, to the Children’s Court). The enforcement agency usually sends you a form with the infringement notice or penalty reminder notice that you can fill in to elect to have the matter referred to court. You can also write to the enforcement agency to request they refer the matter to court. You may wish to pursue this option if you did not commit the offence or did not receive the infringement notice from the enforcement agency, and you are unable to convince the enforcement agency to withdraw the fine via the internal review system (see ‘Option 3: Ask the enforcement agency to review its decision’, above). This option is not available for people who have excessive speeding offences, drink-driving or drug- driving offences, or boating offences. While having the matter heard in open court allows you to put forward your circumstances, it is generally not advisable to refer matters to court if there are other alternatives available (e.g. see ‘4 You apply for an enforcement review on grounds other than special circumstances’, below). This is because the penalties in court proceedings can be harsh and you are likely to end up with a criminal record. For more information about this process, see ‘Option 6: Dispute the fine and take the matter to court’, above. For more information on sentencing in open court, see ‘Court penalties’, below. 2 The enforcement agency issues a charge and summons An enforcement agency that issues an infringement notice can choose to withdraw it and refer the offence to an open court hearing instead. This sometimes occurs where a fine hasn’t been paid within 21 days of the infringement notice being issued. Where an enforcement agency wants to refer the fine to court, they must first formally withdraw the infringement notice and then issue a charge and summons that sets out details of both the relevant offence, and the future court hearing (i.e. the time, date and location of the hearing). This option is not available to the enforcement agency if the infringement is registered with Fines Victoria and has progressed to enforcement stage, or if the fine has been paid off, or if the person has entered a payment arrangement. 3 The enforcement agency refuses to withdraw a fine after conducting an internal review As discussed under ‘Option 3: Ask the enforcement agency to review its decision’, above, you can ask the enforcement agency to conduct an internal review of its decision to issue a fine. This can only be done before the fine is registered with Fines Victoria. After receiving an application for an internal review, the enforcement agency can withdraw the fine unconditionally, or withdraw the fine and issue a warning, or confirm the fine, or withdraw the fine and refer the matter to open court for a hearing. If the internal review application was made on the basis of the applicant’s special circumstances, the enforcement agency does not have the power to refer the matter to court. If a fine is referred to court, the enforcement agency withdraws the infringement notice and files a charge with the Magistrates’ Court giving details of the offence it believes you have committed. You then receive a summons telling you when and where you must appear in court to answer the charge. 4 You apply for an enforcement review on grounds other than special circumstances Where an application for an enforcement review has been lodged on grounds other than an applicant’s special circumstances and Fines Victoria considers there is sufficient evidence to cancel the enforcement, Fines Victoria can cancel enforcement of the infringement and refer the matter back to the