Going to court for a fine

Penalty Notices

An on-the-spot fine, is often issued for parking or minor traffic offences, and in some cases, low level drug offences. 

In relation to penalty notices, you may consider the following:

• pay the fine in full by the due date 
  
• ask Revenue NSW for a review of the fine if there are special or extenuating circumstances
• if your penalty notice relates to a low level drug offence, you may be eligible for the early drug diversion initiative
• elect to have the matter heard in a local court.

Electing to go to court

It is important to think about court election carefully as once your court election is accepted, you cannot change your mind. Please consider the following before electing to come to court:

• Going to Court can be a long and costly process. 
  
• The Court may issue you a fine at a higher amount than the penalty notice.
• You may have to pay legislated court costs and/or legislated victim services levy.
• For some traffic offences, you could receive a criminal conviction or a licence disqualification. Please note, the court plays no role in demerit points. For more information, please see Information for court traffic matters (PDF, 87.9 KB).

You can obtain legal information and advice on election through the following links:

• Electing to go to court on the LawAssist website
• Are you having problems with fines? - Follow this link and navigate to the brochure from Legal Aid.

If you have received a fine from Revenue NSW and you have elected to have the matter heard by a court, Revenue NSW will issue a court attendance notice (CAN) giving you a date to attend court. Once this notice has been issued, it cannot be withdrawn.

Your plea in court

On the first day at court you will be asked if you are pleading guilty or not guilty to the offence in the fine. You may have decided to plead guilty, but want to explain any extenuating or special circumstances to the court which might affect the penalty.

You have the option of advising the court of your plea in writing instead of attending the court. A Written Notice of Pleading needs to be filed at least seven days before the court hearing date on the CAN.

• download a Written Notice of Pleading (PDF, 83.6 KB)
• download a Written Notice of Pleading (DOC, 58.0 KB).

Pleading guilty

If you are pleading guilty to the alleged offence, your case will usually be heard on the same day.

Instead of attending court, you can fill in a Written Notice of Pleading and ask the court to decide the matter in your absence. In your written notice you can include any information that you want the judicial officer to take into account when deciding the matter.

If you attend court, you will have an opportunity to give an explanation of what happened and any information you want the court to take into account when deciding the penalty.

Pleading not guilty

If you are pleading not guilty, the case will be mentioned only and another date set for witnesses to attend and give evidence at the hearing.

You will need to give the court information about:

• how many witnesses you will bring to court on the next date
• any dates that are not suitable for the hearing to be listed on
• whether you will be represented by a lawyer or intend representing yourself.

If you are filing a Written Notice of Pleading instead of attending court, you will need to include the same information. The court will send you a notice advising you of the date you need to come to court for the hearing. It is a good idea to check with the court at the end of the day or the next day about what hearing date has been given so you have time to prepare.

A Written Notice of Pleading cannot be used if you have a signed bail agreement to attend court.

You will need to bring your legal representative and your witnesses or sworn statements from witnesses on the day of the hearing.

Victims Support Levy

The Victims Support Levy or VSL (formerly Victims Compensation Levy - VCL) is an amount levied on people who are found guilty of offences in New South Wales courts. The VSL is not a penalty imposed by a court or judicial officer; it is imposed automatically by legislation when a person is convicted of an offence by a court.

A victims compensation levy needs to be paid within 28 days of the court finalising the case.

A victims compensation levy is payable in relation to each separate offence

For more information download the fact sheet on court levies  (PDF, 236.2 KB)

Court Costs Levy

From 13 May 2013, people who are found guilty of offences in summary proceedings before a local court may have to pay a Court Costs Levy (CCL). The CCL is not a penalty imposed by a court or judicial officer; it is imposed automatically by legislation when a person is convicted of an offence by the local court.

A court costs levy needs to be paid within 28 days of the court finalising the case.

A court costs levy is payable in relation to each separate offence.

For more information download the fact sheet on court levies (PDF, 236.2 KB)