The Law Handbook 2024

128 SECTION 3: Fines, infringements and criminal law under section 88 of the Criminal Procedure Act 2009 (Vic) (‘ CP Act ’). This section provides that where a sentence is imposed by a Magistrates’ Court in a criminal proceeding on a person who did not appear in the proceeding, that person, or the informant on that person’s behalf, may apply to the Magistrates’ Court for an order that the charge be reheard. 7 Appeal the decision in the County Court If you have been found guilty of an offence by the Magistrates’ Court in a criminal proceeding, you may appeal to the County Court against the conviction and sentence or the sentence alone (s 254 CP Act). You should seek legal advice from a criminal lawyer before deciding to appeal to the County Court as it may result in a harsher sentence against you. 8 Appeal the decision in the Supreme Court You have the right to appeal a final order of a magistrate to the Supreme Court on a question of law (s 272 CP Act). You should seek legal advice from a criminal lawyer before making a decision to appeal to the Supreme Court. What happens if I do nothing about my court fines? If you take no action about your outstanding court fines, they will eventually be enforced against you. After a notice of final demand is issued by Fines Victoria, you are vulnerable to a range of sanctions (pts 6–9 FR Act). An enforcement warrant will be issued, after which you can be arrested and brought before a court to be dealt with under Part 3B of the Sentencing Act. Depending on your circumstances, the court can: • discharge your fines in full or in part; • discharge part of your fines and order imprisonment for a maximum of 24 months, subject to a time to pay order or an instalment order (also called an imprisonment in lieu order) – if you default on the order, a warrant to imprison you can be issued; • make a fine default unpaid community work order; • make an imprisonment order for a maximum of 24 months (including an imprisonment in lieu order, which is an instalment order where if you default, a warrant to imprison you can be issued); • make an order giving you time to pay your fines; • make an order that you pay your fine in instalments; • make an order adjourning the proceeding for six months; • order that the amount of your unpaid fines be levied under a warrant to seize property; • vary any existing instalment order or time to pay order. If you are arrested under an enforcement warrant for outstanding court fines, seek legal advice (see Chapter 2.4: Legal services that can help). The Time Served Scheme Overview of the scheme If you are serving a prison sentence, you can apply for your fines that are registered with Fines Victoria or court fines that are registered with Fines Victoria to be converted to run concurrently with your existing sentence under the Time Served Scheme. The scheme is intended to allow you to leave prison debt-free. It is sometimes also referred to as ‘calling in fines’, ‘rolling over fines’ or the ‘Prison Program’. Fines will be resolved through the Time Served Scheme at the rate of one penalty unit (see ‘A note about penalty units’ at the start of this book) per day in prison. The amount waived cannot exceed the equivalent of 24 months in custody (which equals about $140 000 in fines). Fees and charges added to fines can also be waived through the Time Served Scheme. Applications to the Time Served Scheme must be made in writing. Note that as there is a small risk of further time in prison, you should seek legal advice before applying to this scheme. The Time Served Scheme: Who can apply? If you are in prison and have been sentenced, you must apply to the Time Served Scheme while you are in prison. An information sheet about the Time Served Scheme should be provided to a person when they enter the prison system. The information sheet