The Law Handbook 2024

Chapter 3.1: Fines and infringements 125 you or your lawyer can make submissions, giving evidence from the bar table. For more information about the Magistrates’ Court, see Chapter 2.3: Representing yourself in court. Dealing with court fines What are court fines? Court fines are different to infringement fines. A court fine is a fine that can be imposed under the Sentencing Act by the Magistrates’ Court if a person is found guilty of a criminal offence. If you do not pay your court fine in full on the day you are sentenced, you must pay your fine through Fines Victoria. After receiving a court fine, you will be served with a ‘court fine collection statement’ by Fines Victoria. This statement specifies the court order made and the enforcement action that can be taken if you don’t pay. There are a number of options for dealing with these fines. You should seek legal advice about these options before applying. 1 Apply to Fines Victoria for an extension or a payment arrangement Since the FR Act commenced, Fines Victoria has been responsible for collecting and managing court fines. If your matter is heard in the Magistrates’ Court and you are fined, you may be able to apply to Fines Victoria for an order allowing you to pay the fine in instalments or to have extra time to pay the fine. Note that if the Magistrates’ Court specifies an instalment order or a time to pay order, Fines Victoria must collect and manage the fine in accordance with any terms specified by the court. You can also request in writing that the Director of Fines Victoria waives fees added by Fines Victoria to court fines through the enforcement process. This request can be made under section 9 of the FR Act. You cannot ask the director to waive costs or fees added by a fine by a magistrate. Note that if you were sentenced to your court fine before 31 December 2017, you defaulted on paying the court fine and action has been taken in relation to the default (e.g. an arrest warrant has been issued by the Magistrates’ Court), you cannot apply for Fines Victoria to deal with your fine. You need to apply to the court directly for one of the options listed below. 2 Apply to the Magistrates’ Court for an instalment or time to pay order If you do not have an instalment order for your court fine and you cannot apply to Fines Victoria for a payment plan (see above), you can apply for an instalment order through the Magistrates’ Court under section 57 of the Sentencing Act. Where a magistrate does not make an instalment order, the magistrate can order that you have more time to pay your fine under section 59 of the Sentencing Act. 3 Apply to a magistrate to vary or cancel an instalment or payment order Under section 61 of the Sentencing Act, while an instalment order is in force, you can apply to vary or cancel the payment or instalment plan that a magistrate has ordered. Section 63 provides that a magistrate may vary or cancel an instalment order and make any other order under their original powers (which would be the sentencing options under the Sentencing Act). To do this, the magistrate must be satisfied that: • your circumstances have materially altered since the order was made and as a result, you are unable to comply with the order; or • your circumstances were wrongly stated/not accurately presented to the court or by a pre- sentence report before the order was made; or • you are no longer willing to comply with the order (s 63(1)(c) Sentencing Act). Section 63(3) of the Sentencing Act states that if an instalment order is cancelled, the Magistrates’ Court must take into account the extent to which the offender had complied with the order when determining how to deal with the offender. There is a risk under section 63(2) that you could be resentenced if you make an application to the Magistrates’ Court for an instalment order or a time to pay order.