We have lawyers at the court who may be able to help you if you go to court about your special circumstances. When you get to court, go to the counter and ask for a duty lawyer.
If you get a fine because of special circumstances (for example you were experiencing homelessness, family violence, or have a mental or intellectual disability), you will need to go to the Magistrates’ Court to prove it.
That means you agree that you broke the law, but say it was because of your special circumstances.
At court you will see a magistrate or judicial registrar. They will consider your special circumstances and decide what will happen to your unpaid fines. See Possible outcomes and penalties.
To go to court about your special circumstances, you must first apply to Fines Victoria to review your fines.
Before going to court
Here are some things to think about a week or so before going to court:
- get time off work – you may need to get the whole morning or afternoon off
- arrange childcare – you may need to get someone to look after your children
- bring a friend – you may need someone to drive you home if you are at court for driving fines and you end up losing your licence
- bring paperwork – make sure you bring relevant documents that will support your case. This includes any medical evidence or support material that you sent with your application to cancel (revoke) your enforcement order or infringement warrant
- you may also find our booklet Your day in court helpful.
What happens in your hearing
At your hearing you will have to agree that you broke the law. This means you will be pleading guilty to the criminal offence and there will be a record of this.
You also need to convince the magistrate or judicial registrar that you committed the offences because you had special circumstances. This means that because of your special circumstance:
- you could not control your behaviour when you broke the law or
- you did not understand that you had broken the law.
The magistrate or judicial registrar will also read the reports that that you sent in to Fines Victoria with your enforcement review application. They will then sentence you, taking into account your special circumstances.
See Possible outcomes and penalties.
Tips for talking to the magistrate or judicial registrar
The magistrate or judicial registrar might ask you some questions. Here are some tips:
- Stand up when the magistrate or judicial registrar speaks to you.
- Call the magistrate or judicial registrar ‘Your Honour’.
- Do not interrupt the magistrate or judicial registrar when they talk. They will ask for more information if they need it.
- Speak clearly and loudly.
- Look at the magistrate or judicial registrar when you speak. If you have notes, you can read from them, but remember to look up.
If you wait in the courtroom before your matter is called, watch how the magistrate or judicial registrar deals with other special circumstances matters.
Other support
Find out how you can get other support for fines and infringements.
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