If an infringement is at notice or penalty reminder notice stage, your client has the following options:
If the infringement is at the notice of final demand stage, your client has the following options:
Note that under the new fines system, enforcement action may be taken once a Notice of Final Demand is issued, including vehicle registration suspension, driver’s licence suspension, attachment of earnings directions, attachment of debts and charges over land.
If your client presents with an enforcement warrant, you should take action immediately due to the risk of enforcement action and the warrant being executed. Note that once a 7 day notice expires, the options for dealing with the fines are extremely limited.
If a client has personally been served with a 7 day notice by a Sheriff’s Officer, they must take action before the expiration (not execution) of that 7 day notice.
The same options are relevant as for Notices of Final Demand and enforcement warrants but it is urgent. Once seven days have passed since the client was served with the notice, they will have no options available to deal with the fines except to be arrested and either released on a Community Work Permit or arrested and bailed to appear in court under s 165 of the FRA, which may result in an imprisonment in lieu order.
Subject to instructions, you should take immediate steps to address your client’s infringements (for example, by lodging a special circumstances application).
If your client has infringements for driving offences and instructs that they can establish that they were not driving the car at the time of the offence, strict timeframes apply to nominate another driver (for some offences this is 28 days). You should make sure that your client is advised of the applicable timeframes and that the necessary steps are taken within these timeframes.
If a Notice of Final Demand has been made, please be aware that your client cannot nominate another driver.
If your client is unable to nominate the other party because your client was in a violent relationship with the nominated person, your client should apply to the FVS.
Options for dealing with these infringements are limited:
Note that for these infringements, you cannot apply for internal review or enforcement review, nor can you apply under the FVS. If family violence is a relevant consideration (ie, an infringement for excessive speeding or DUI was received and the client cannot nominate due to family violence, the client may need to elect to go to court).
Note that it is not possible to apply for revocation of fines imposed by a court as a sentencing disposition under the SA.
When your client presents with warrants to imprison for default of a payment or instalment order made by the Court, it means that your client can be sent directly to prison without further hearing. There are two main ways that a person can become subject to an imprisonment in lieu order:
When your client presents with a warrant to imprison, advise the client as a priority that these matters are serious, there are limited legal options and there is a risk that they could be imprisoned without being brought back before the court. You should determine how the warrant was made and then immediately advise your client about their options.
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