If you are serving a prison sentence, you can apply for any of your fines, enforcement warrants or An independent body that hears legal claims brought by parties and decides between them. Serious cases are heard by a judge and jury, or just a judge. Less-serious cases are heard by a magistrate. fines to be converted to run concurrently with your existing sentence (see ‘Other factors that can affect a sentence’ in Chapter 3.8: Imprisonment, supervision and prisoner rights). However, note that the process is slightly different for infringement fines, enforcement warrants and court fines.
Calling-in infringement fines
You can convert unpaid infringement fines and enforcement warrants for infringements from the time you entered prison (i.e. including time on remand) to run concurrently with your time in Lawful control over a person which prevents them leaving. A person under arrest is in police custody and is not free to go. A person in prison is serving a custodial sentence that keeps them confined to the prison grounds. (as long as your sentence is for an A criminal act prohibited by state or commonwealth criminal law. An offence is either a summary offence (minor) or an indictable offence (serious). that is non-fine related). You can apply at any point while you are in custody; however, the fines cannot be converted until you have been sentenced.
Further, if the period of imprisonment under the unpaid fines exceeds your sentence, then the court has additional powers to deal with the remainder of your unpaid fines, such as discharging them in full or in part (in certain circumstances), imposing a fine Failure to do something that is legally required. For example, a person who fails to make a payment on their car is in default on the loan; if they continue to be in default the creditor may issue a default summons to take the debtor to court. unpaid community work order, a time to pay order, an A court order that allows a debtor time to pay off a debt that has been proved in court. Payments may be made monthly or weekly instead of all at once. See also judgment debt. or adjourning the matter. Additional prison time remains an option; however, a court must not make an imprisonment order if it is satisfied that you did not have the The ability to understand and be held responsible by the law for your actions. It also refers to a person’s ability to understand and agree to something, such as to undergo medical treatment. Full legal capacity is reached at 18 years of age, when a child becomes an adult. to pay the registered fine or you had another reasonable excuse for the non-payment. Finally, the court must not order imprisonment unless satisfied that no other order is appropriate considering all the circumstances of the case. If additional prison time is ordered, this is to be served cumulatively to your existing sentence.
If you are in prison for a fine-related sentence, the court has additional powers to make orders to deal with your unpaid fines as noted above (e.g. discharging in full or in part in certain circumstances, imposing a fine default unpaid community work order, a time to pay order, an instalment order or adjourning the matter). Note that if the court orders a term of imprisonment, this is served cumulatively to your existing sentence.
Calling-in court fines
You can convert unpaid court fines and enforcement warrants for court fines to run concurrently with your time in custody if you are a sentenced prisoner (as long as your sentence is for an offence that is not fine related).
You can apply any time after you have been sentenced; however, the time A document that sets out what a person wants to happen to their money and other property after they die. only be counted from the date of the application, rather than from the time you entered custody. For your court fines to be converted, the application needs to be lodged and heard in court before you leave custody.
Note that if the period of imprisonment for the unpaid court fines exceeds the sentence, then your time in custody will be extended because, unlike infringement fines, the court does not have additional powers to deal with the remainder of any unpaid court fines. It is worth seeking legal advice from Victoria Legal Aid to check whether you will have to serve additional time in prison.
Calling-in fines during COVID-19
In response to COVID-19, temporary amendments were made to the FR A written law made by parliament. Also called an ‘Act of parliament’, ‘statute’ or legislation.. These amendments mean that if you were unable to apply to call-in infringements or court fines during your time in custody, you can apply to do so even if you are no longer in custody. As these amendments to the FR Act are temporary, it’s worth seeking legal advice about whether you can apply to call-in your fines (see Chapter 2.4: Legal services that can help).