What happens in court if I’m represented by a traffic lawyer?
If you are represented by a traffic lawyer, generally you will not have to say or do anything. The following procedure will take place:
Your solicitor will confirm that you are pleading guilty.
When your matter is mentioned, your solicitor will get you to stand up so the Magistrate can see who they are sentencing.
The prosecutor will tender some documents to the magistrate. These may include a fact sheet, criminal record and if relevant a traffic record.
Your solicitor will hand up any references at this time. Your solicitor will make submissions after the Magistrate has read what the prosecutor and your solicitor have handed to the court.
Your solicitor will stop talking and the Magistrate will start talking. You should stand up when the Magistrate is speaking to you.
The Magistrate will usually make a decision and impose a sentence. It is unlikely that you will have to speak at any time during your sentence. If you are asked a question by the Magistrate, you should respond honestly to the Magistrate‘s questions. You can always consult with your solicitor if you do not understand how to answer the Magistrate‘s question. Always be polite and refer to the Magistrate as “Your Honour”.
If you are unhappy with the decision do not argue with the Magistrate or pass comment. Speak with your solicitor outside the courtroom about your rights to appeal.
Sentencing
The Magistrate will consider the facts presented by the Police and the submissions made by you or your solicitor when deciding the appropriate penalty to be imposed. The Magistrate may decide to deal with your matter immediately or may want to adjourn your matter for a Pre-Sentence report or to refer you to a traffic offender program.
Pre-sentence Report
These reports are prepared by an officer of the Probation & Parole service. Matters are normally adjourned for 6 weeks for a full pre sentence report or for a few hours for an oral pre sentence report. The officer from Probation & Parole will interview you and from this interview they will prepare a report that includes your comments about why you committed the offence and your background. It is important that you co-operate fully with the officer as the officer will make recommendations as to an appropriate sentence in their report.
What are the court penalties for traffic offences in NSW?
Matter proven but dismissed (Section 10 Crimes (Sentencing Procedure) Act)
In some very limited cases a court may dismiss a charge against you notwithstanding you pleaded guilty to the offence. This means that you are not convicted and for some traffic matters you will not be disqualified from driving. The court may make the dismissal of the charge conditional upon you being of good behaviour for a specified period. If you are not of good behaviour you could be summoned to court to be sentenced again in relation to this matter.
Fined
A fine may be imposed if the matter is not that serious. The amount of the fine cannot be greater than the maximum penalty for the offence. The Court will order that you pay any fine within 28 days. By law the court cannot give you more time to pay the fine. However, you can make an application in the Court office for further time to pay.
Good behaviour bond
A good behaviour bond is an order of the court that you be of good behaviour for a specified period of time. If you are of good behaviour for the time set by the court there is no further penalty. However, if you are not of good behaviour you may be summoned to court to be re-sentenced for the offence.
Community Service Order
A Community Service Order (CSO) involves either unpaid work in the community at a place specified by Probation and Parole or attendance at a Centre to undertake a course, such as Anger Management. In order to be eligible for a CSO you have to be assessed by an officer of the Probation service as suitable to undertake the order. Certain medical conditions could exclude you from being suitable to undertake a work order.
Intensive Corrections Order
Home Detention
Home detention involves serving a gaol sentence at your home. There are stringent conditions that you must agree to prior to being eligible for home detention. An assessment is made by Corrective Services as to whether you are eligible for home detention. The assessment can only occur after you have been sentenced to a full time gaol sentence. It is most important that your solicitor makes an application at the time that the gaol sentence is imposed. Failure to make an application at this time could see you spending time in gaol rather than serving your sentence at home.
Suspended Sentence
A court imposes a term of full time gaol upon an offender, but the gaol sentence is suspended upon the offender being released on a recognizance (good behaviour bond) for a period of up to five years.
Deferral of Sentence (Section 11 Crimes (Sentencing Procedure) Act – “Griffith Remand”)
A court may adjourn the sentencing of an offender with or without conditions for a period not exceeding 12 months. Generally, courts will only allow a lengthy adjournment of a matter where an offender is attempting to rehabilitate themselves from either alcohol or drugs.
Disclaimer
The information contained in this page was accurate at the time it was published. You should confirm the accuracy of this information with us or another solicitor before relying upon it.
