If you have been contacted by the Sherriff or bailed to appear at Court on a Penalty Enforcement Warrant, it’s important that you get the right advice.
I frequently speak to clients that have accumulated tens of thousands of dollars of fines as a result of toll infringements (City Link and Eastlink offences). Unfortunately, the longer that you leave these, the bigger the problem becomes. Huge toll fines often begin with a simple and inexpensive oversight. Very quickly, these fines can grow to alarming levels.
For many individuals, the stress of dealing with Fines Victoria or the Sherriff can be very overwhelming. It’s important to find out what your options are so that you have a clear understanding of the best way forward.
Under the Fines Reform Act 2014 the Sherriff and the Police have wide-ranging powers. For example, they are permitted under the Act to detain, immobilise or seize any vehicle whose registered operator has an outstanding enforcement warrant. Similarly, they can remove a vehicle’s number plates, resulting in the cancellation of a vehicle’s registration. All of these are costly, stressful and extremely inconvenient.
Individuals can also be arrested by the Sherriff and bailed to appear in Court under a Penalty Enforcement Warrant. If you’ve been arrested and bailed to a Court date, it’s very important that you get the right advice. It’s at this point that I generally become involved in your case.
I have appeared for many individuals that have been arrested by the Sherriff under a Penalty Enforcement Warrant for outstanding fines. A Magistrate has a number of powers under the Fines Reform Act, including the ability to discharge in full or in part any relevant infringement fine. It’s important to fully understand your personal circumstances in order to ensure that a clear picture of who you are can be placed before a Magistrate. This will involve the preparation of personal character references, medical reports (if relevant), and any relevant treatment history.
Preparation is the key to a good outcome for these offences and the right advice can literally save you tens of thousands of dollars.
Phil Simpson Barrister
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