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Progressing through the various stages of Australia’s criminal justice system can be confusing and overwhelming. While it is rarely an easy process, having a strong understanding of the differences between arrests, charges and convictions can...

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Lawyers generally fall into two categories: Solicitors and barristers. Despite what some solicitors may tell you, or what they advertise, “Solicitors” are different from “barristers”. Both are legal professionals, but they specialise in different types...

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A conjugal visit refers to a period of time inmates are permitted to spend with a visitor in private, outside of the supervision of prison authorities. This visitor is usually the legal spouse of the...

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For those pleading guilty to a criminal or traffic offence in court, there are several factors the presiding judge or magistrate will consider when deciding on your penalty. These factors usually focus on any previous criminal convictions in your record, the possibility of you conducting the crime again, as well as your remorse for the offending behaviour. Depending on your sincerity in never committing the offence again, you may find detailing this remorse beneficial to changing your sentence.

While you are not expected to speak directly with the judge or magistrate if you have hired a lawyer for your plea hearing, a letter of apology can help your case. The apology letter should include how you feel about the offence and the necessity to make an appearance at court, what you have learned from your conviction, and why you will not offend again.

This article will detail what should be covered by an apology letter and how to write one. We will also cover some common questions around what to avoid when writing the letter, as well as how long it should be.

What is an Apology Letter to the Court? An apology court letter is a one page typed up apology addressed to the presiding magistrate or judge where your court case is to be held. By writing apology letters, those found guilty for an offence can showcase that they are truly sorry for what they have done. The letter should be sincere and personalised, as a judge will only be convinced by genuine emotion.

The degree in which the letter will alter your final sentence does not only extend to the sincerity you display, but also the severity of your actions. For example, a minor case of larceny may be easy to appeal through an apology, especially if you have not been found guilty of this criminal act before. However, a more severe case of robbery will make it far more difficult for the judge to find you sympathetic without a good cause.

It is important to submit one of these letters before your court date. This is because the purpose of one of these letters is changing your sentence, which can be done if the judge finds you displaying both sincere remorse and the intent to never perform the offence again.

How to Structure a Court Apology LetterWhen writing an apology letter, it is important that you write your own. This means that while other letters can be used for a reference, you should write something to show you personally accept responsibility for your actions. Using others’ drafts may make your apology seem impersonal and insincere, which the judge may not approve of.

Otherwise, your letter of apology should be structured as:

State why you are writing the letter.
Say something personal and positive about yourself and your life.
Accept full responsibility for your actions.
Discuss your arrest and how you felt about it.
Explain the steps you have taken since your criminal act to address your issues and the community harm you created; anger management classes, community service, talked to a psychologist/therapist, etc.
Indicate how your behaviour will change in the future.

How to Draft a Court Apology LetterWhen you draft a letter, it is important that you do so in a manner that is acceptable to the judge or magistrate reading it. In Australia, you are expected to write a court apology letter in line with the following stipulations:

The letter should be addressed to “The Presiding Magistrate/Judge” or “Your Honour”.
It should be only one typed page long.
Signed and dated.
Written yourself.

What to Include in a Letter of Apology to the CourtWhen you are considering what to include in your letter to the court, the apology itself should be your main focus. While you do not need to be a perfect writer or grammatically correct, you should write in your own words why you believe your actions to be a foolish criminal act that you are feeling remorse for.

To write the most effective letter of apology to the court, you should include:

A direct appeal for why you are sorry and who you need to apologise to.
Explanations, not excuses.
The facts about your crime without trying to paint yourself in a more favourable light or lessening the seriousness of it.
Show awareness and remorse for the affects your offence has had on victims, the police or the community; psychological or physical harm, as well as the stress from dealing with police, lawyers or court.
Outline what you have learned from your conviction and how you will never do it again.
The steps you have taken to prevent yourself from offending again.

How to Start a Court Apology LetterThe starting sentences of your letter should be straightforward and clearly state your thoughts and feelings on the matter. You can use sentences like:

I am writing this apology letter to explain how much I regret my actions and…
I will ensure to never repeat my behaviour…
I understand that my actions have caused/could have caused…
I am accepting responsibility for…
The seriousness of my offence is obvious…
What I have learned from [insert community or personal program] is…
I will never perform such behaviour again…

Although these are common examples of how others have started their letters, it is best to come up with your own words. As long as these words politely and effectively communicate to the judge remorse for your actions, there is no wrong way to begin starting your apology letter.

What to Avoid in a Court Apology LetterJust as there are integral aspects to include in your apology letter, there are also things to avoid. These include:

Blaming the victim(s), police, or any other parties for the offence(s) committed or how they acted in relation to it.
Telling the judge or magistrate what to do when it comes to your sentence, including asking to lessen it or indicating what penalty you think you deserve.
Focusing only on yourself and your difficulties following the offence.
Avoiding taking responsibility for your behaviour and choosing not to plead guilty.
Copying other people’s apology letters.
Submitting for leniency; this can be done separately from your apology.

Tailoring the Court Apology Letter to Different CircumstancesWith personalisation being so integral to writing a good apology letter, you must remember to tailor the letter for your specific criminal conviction. This means writing a letter that focuses on the effects of whatever dangerous conduct you performed, and how you will be taking steps to avoid committing said crime again.

In the case of there being a particular victim, or victims, of the crime, you should focus the letter on how these individuals have been impacted. In contrast, overall socially harmful offences, like drugs, should discuss the societal implications of your actions.

By providing information on your specific circumstances and their consequences, you will indicate to the court that you have put plenty of time and thought into understanding your actions.

How to Write an Apology Letter to Court for AssaultIn the case of you apologising for committing the crime of assault, there are some additional pieces of information you must include beyond that needed for a regular apology letter to court. This includes tailoring your apology for the specific crime you have committed and its severity, which is crucial in cases like sexual assault.

Otherwise, after discussing your offence, your remorse for performing such an action, as well as promising to never do it again, you should also add in:

Your employment situation.
Your personal commitments and circumstances.
The impact a criminal conviction will have on your life and employment.
Any contributions you have made to the community or charities. Not to be confused with character references, which can be submitted as its own document alongside your apology.
Any physical or mental health problems you have.
The rehabilitation measures you have taken since your conviction.
How treatment is going if you have entered a program or therapy, including how often you go to a session and its success.
If you have required treatment before, as well as if you intend to continue with your current treatment.

Your letter should always be topped with the date, the name of the presiding judge/magistrate, and the name of the relevant court. You should also start off the letter by addressing the judge or magistrate as “Your Honour”.

The letter should then be finalised with your name and signature.

How to Write an Apology Letter to Court for a Traffic OffenceTraffic offences can range from running a red light to drink driving, with each offence requiring its own sentence. However, with the help of an apology letter, you may find your sentence changing for the better if it is successfully written.

When writing an apology letter for a traffic offence, you will follow some of the similar cues, as well as the overall structure, that an assault letter must also follow. This usually includes outlining the consequences of the conviction and how it may affect your employment or livelihood. With traffic offences, however, you should also indicate how the loss of a driver’s licence will also affect those around you due to existing commitments or circumstances.

The loss of a licence may also mean your job coming under jeopardy as you are required to drive for it. When writing a letter, make sure to include the losses you and your employer will experience when you are unable to drive, as well as the remorse you feel around causing the offence and its lasting impacts. This way, you will show the court sincerity.

How Long Should an Apology Letter to the Judge Be?The letter should only be around one page in length, except for the cases in which the offence itself is complicated or severe. You will generally have to write a longer letter when there is a specific set of circumstances, like jail time being the potential punishment, or your case is being dealt with by the District Court.

What LY Lawyers Can Do For YouAt LY Lawyers, our criminal lawyers have compiled a full list of information on criminal and traffic offences for your perusal. With our help, you can get a clear picture on what your criminal conviction means for you and your livelihood, providing the foundation for your court apology letter.

If you have any questions about the offences you have been charged with, you can contact our solicitors for advice by phone on our 24 hour phone line, make a website enquiry directly to our office, or post a question on our forum.

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In Australia, it is compulsory to vote in federal, state and local council elections and by-elections. In order to vote, you must enrol onto the official list of eligible voters, known as the electoral roll.

Find out the laws and penalties around not voting or enrolling to vote in Australia.

Federal Election Voting Laws and Requirements in AustraliaThe Electoral Act 1918 states that all Australian citizens over the age of 18 must be enrolled to vote. 16 and 17-year-olds can also enrol to vote, but cannot cast a ballot until they are 18.

British citizens who were enrolled to vote in Australia on or before 25 January 1984 are also eligible voters. You may only enrol if you have lived at your residential address for at least one month.

Voters can then cast four types of votes: Ordinary, pre-poll, provisional or absent. You can enrol or update your enrolment details at the Australian Electoral Commission (AEC) website.

NSW Voting LawsEligible voters in New South Wales are required to vote in federal, state and local elections. NSW state and local elections use the same electoral roll as federal elections, meaning you don’t need to enrol separately to vote in NSW elections.

One difference between federal and NSW voting law is that citizens deemed to be of “unsound mind” are disqualified from voting in federal elections. This is not the case for NSW elections as of the passing of the Electoral Act 2017.

Compulsory VotingCompulsory voting exists in countries where citizens are mandated by law to vote in elections. Compulsory voting in federal elections has existed in Australia since 1912, and in 1924 the obligation was expanded to include women.

Penalties for Not Voting in Australia: What Happens If You Don’t Vote?The penalties for not voting in Australia are outlined in section 245 of the Electoral Act 1918.

Following a federal election, the Electoral Commissioner will compile a list of people who failed to vote. Within three months, the AEC will issue a penalty notice to everyone on the list, unless it is believed the person:

Is dead
Was absent from Australia on polling day
Was ineligible to vote
Had a valid and sufficient reason for failing to vote

If you receive a penalty notice despite the fact that you did vote, you can inform the AEC of when and where you voted. You can also attempt to provide a valid and sufficient reason for not voting. If you aren’t interested in taking any further action, you can simply pay the $20 fine.

If none of these options are taken, you can be prosecuted and taken to court. At that point, the ultimate fine can rise to $222, plus court costs.

The Fine for Not Voting in NSWSection 259 of the Electoral Act 2017 states that if you do not vote in a local or state election in NSW, you will receive an apparent failure to vote notice.

This notice can be responded to in the same ways as its federal equivalent. If you did vote, you can provide the details of your vote at the NSW Electoral Commission website. Alternatively, you can attempt to provide a valid and sufficient reason for failing to vote.

You can also choose to immediately pay the fine, which is $55 in NSW. If you do not reply to the notice within 28 days, the matter will be referred to Revenue NSW and an additional fee of $65 will apply.

Finally, you can apply to have the matter heard in court. A court may impose a fine of $110 for the offence of failing to vote, plus court costs.

The Penalty for Not Enrolling to Vote in NSWWhile it is technically an offence for eligible voters to not enrol to vote, you generally will not be punished for the act of failing to enrol. Rather, it is the act of not voting that you will be penalised for.

If you fail to enrol to vote before election day in NSW state and local elections, you can still vote in the electorate, ward or council area you live in. When you arrive at the polling place, an election official will direct you as to how you can enrol on the day and complete a declaration vote.

Can I Get an Exemption from Voting?In any given election, not every Australian citizen is required to vote.

Valid Reasons for Not Voting in AustraliaThe decision as to what constitutes a valid reason for not voting is initially decided by AEC employees known as Divisional Returning Officers (DRO). A DRO will analyse precedents set by the courts to come to their decision.

The High Court case Judd vs McKeon (1926) established that disinterest in voting for any listed candidates or political parties is not a legitimate reason for failing to vote. In Judd vs McKeon, the Court provided other potential examples of valid and sufficient reasons for not voting, while noting each case would be judged on its own merits.

Reasons suggested in the Court’s decision include physical obstruction, such as sickness, outside prevention, natural events or an accident. The Court also indicated diverting from a polling place to save life, prevent crime or assist in a disaster could be considered valid reasons.

The Electoral Act 1918 and Referendum Act 1984 both allow for religious duty to provide a valid and sufficient reason to abstain from voting.

Ineligibility to VoteAustralian citizens are considered ineligible to vote in federal elections if they are:

Under 18 years of age
Of unsound mind, and are incapable of understanding the nature and significance of enrolment and voting
Serving a prison sentence of three years or longer
Convicted of treason and not pardoned

Understanding the Voting ProcessThere are a range of ways to vote in Australian elections.

OrdinaryOrdinary votes are votes cast at a polling place within the electoral division in which the voter lives.

Pre-PollPre-poll votes are votes cast at early voting centres or AEC divisional officers before election day. You are eligible to submit a pre-poll vote if you are unable to attend a polling place on election day for reasons including travel, illness, work, religious beliefs and more.

Postal voting is generally considered a form of pre-polling, although postal votes can be completed up until 6pm on election day.

ProvisionalProvisional votes are cast in instances when a voter’s name cannot be found on the certified list, when a voter’s name has already been marked off as having voted or if the voter is registered as a silent elector. Provisional votes are subsequently scrutinised by the AEC, and if found to be valid are counted in the election.

AbsentIf you are outside your electorate on election day, you can head to any polling place within your state or territory and submit an absent vote.

Frequently Asked Questions About Failing to Vote in AustraliaDo You Need ID to Vote in Australia?It is not necessary to present a form of ID – such as a driver’s licence – to vote in Australian elections.

When is Voting in Australia?In Australia, federal elections are usually held every three years. The exact timing of an election is decided when the Prime Minister requests that the Governor-General dissolve parliament. Federal elections in Australia are always held on a Saturday. Polls open at 8am and close at 6pm sharp.

If you arrive at a polling place with a short queue, you should be able to complete the process in around 10 minutes. Longer queues will naturally lengthen your wait time. Depending on where you live, you may have the option to shop around different polling places to vote more quickly.

Parliamentary terms vary between states. In NSW, they last for four years. Local government officials – known as councillors – also serve four-year terms in NSW.

Can I Vote in a Different Electorate?Yes. If you are outside your local electorate during a federal election, you can go to any polling place within your state or territory and submit an absent vote.

Can I Vote Early?If you are unable to attend a polling place on election day, you may be eligible to submit an early – or pre-poll – vote. Find out if you’re eligible for pre-polling at the AEC website.

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Due to the advancement of surveillance technology, authorities are now able to identify the occurrence of crimes without being physically present. The addition of speed and red light cameras, among other methods, have been particularly helpful in capturing road-related criminal offences such as speeding, improper parking, and red light and bus lane violations.

However, while they are sophisticated, these methods can not always identify the driver of the vehicle, which means that all fines, demerit points and other punishments are sent to the registered operator of the vehicle, whether they were driving at the time or not. It is expected that the registered owner of the car notifies authorities to transfer the fines and demerit points to the person responsible. Failure to do so can lead to prosecution.

What is a Nominated Driver?A nominated driver refers to a person who is identified as operating a registered vehicle at the time a traffic offence was committed. Any camera-detected offences will automatically be forwarded to the owner of the car and it is their responsibility to nominate the person responsible.

How to Nominate Another DriverYou can nominate a driver online using the NSW government’s myPenalty webpage which requires your details, driver’s licence number, passport number (if nominating an international driver), penalty notice number and the day of the offence.

You may be required to provide more evidence in the form of a statutory declaration, in person or in court, and you can log back into the webpage at any point to track your request’s progress. Revenue NSW will review your nomination, and may contact you if they need to clarify anything. If successful, your fine will be transferred to the nominated person, however, it may also be rejected if you are unable to provide adequate information about the driver.

You should nominate another driver if you were not driving the vehicle at the time of the offence or the offence was detected on camera, and you should not nominate another driver if you received the fine in person.

What is a statutory declaration?A statutory declaration is a written or electronic statement of facts that you sign in front of an authorised witness. It can be used to confirm personal details or as a statement and can be used as evidence in criminal or civil proceedings.

What is Failing to Nominate the Driver of a Vehicle?It is an offence to not nominate the driver of a vehicle that has been involved in a traffic violation. When a violation is committed, it is expected that the driver who committed the act knowingly accept responsibility and the registered owner of the vehicle nominates them. Failing to do so, is considered to be providing false or misleading information to the NSW government, which is a serious offence.

What Happens if You Don’t Nominate a Driver in NSW?If you are the registered owner of a motor vehicle and fail to nominate a driver, you are committing an offence. The ramifications of this will be that you will be treated as the individual who committed the traffic offence and receive the fines, demerit points, suspensions and potentially face a criminal record.

Depending on the nature of the fine and the jurisdiction where the infringement was committed, the fine can be issued by police, transit officers, local council, court or a government agency. For minor traffic violations like parking in loading zones, speeding, or running red lights, the fines are organised by whatever branch is responsible and sent to the registered owner of the vehicle. A wide range of penalties can apply depending on what offence you have been accused of.

How Long Do You Have to Nominate Another Driver in NSW?If you receive a fine for an offence that was detected by transit officers or cameras which you did not commit, you have up to 21 days to nominate the driver you believe was responsible. It is also important to note that if you are nominating another driver, you should not pay the fine.

Falsely Nominating Another Driver in NSW: What Happens if I Nominate the Wrong Person?Falsely or fraudulently nominating the wrong person as the driver of your vehicle is a serious offence that can incur huge financial penalties. The maximum penalty for individuals who falsely nominate a driver is $11,000, and the maximum penalty for a company that falsely nominates a driver is $22,000.

Taking Demerit Points for Someone Else: Is it Illegal to Take Someone Else’s Speeding Points?Yes, making a false statutory declaration is always a crime. The government closely review driver nominations to identify potential fraudulent declarations and hold the offending parties responsible.

Examples of Falsely Nominating Another Driver in NSWFalsely nominating another driver is a serious offence that carries hefty fines. Below are two examples of when falsely nominating the driver of a vehicle has led to hefty fines, licence suspensions, and further prosecution.

Sydney Woman Fined $7000 for Speeding Fine FraudA P-plater from Hornsby was fined $7000 after being caught paying another person to take all five of the demerit points she received for speeding past roadworks in the Cross City Tunnel, in 2019. Rather than lose her licence, she paid a Brazilian woman $300 to take the demerit points for her. The plot was uncovered when police seized the Brazilian woman’s phone for unrelated offences and discovered the texts. The judge was lenient in her fine but stated that those who defraud government agencies face jail time.

Sydney Man Faces $99,000 Fine in Driving Offences FraudA Sydney man was fined $99,000 and slapped with a 12-month driving suspension after blaming a series of driving offences on a person who was proven to be overseas at the time. These false driver nominations included eight speeding offences, two red light offences, 10 parking offences, and two bus lane offences, which would have totalled $4600 if he had falsely declared to a government agency. Instead, he was given an almost $100,000 fine and a criminal conviction.

Demerit Point Fraud Offences, Laws and Penalties in NSWThere are many demerit point offences relating to traffic violations which differ depending on the nature and severity of the violation, however, falsely executing a statutory declaration is a criminal offence in NSW, and is punishable by up to five years in prison, according to section 25 of the Oaths Act 1900 (NSW).

How Do I Fight a Fine in NSW?If you want to request a review of your fine you may do so at my Penalty, which is Revenue NSW’s website. All you need to do is enter the infringement notice and the date of the offence. If you no longer possess the notice, you may contact Revenue NSW directly. If your request is denied but you believe that the fine is unlawful, you should seek legal advice from a professional lawyer who is well-versed in road-related cases.

LY Lawyers and Traffic OffencesIf you have been accused of driving offences, falsely nominating, or failing to nominate a driver, our specialised traffic lawyers can assist you and will use their abundant experience and expertise to find you the best possible outcome.

LY Lawyers offer services for all kinds of criminal matters, including traffic violations and fraud. We are Sydney’s most trusted criminal lawyers and have offices throughout NSW. Call LY Lawyers on 1300 595 299 or contact us online to book your free consultation today.

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It is common practice for companies to have a fleet of company cars which they permit employees to use in the performance of their job.

Providing company cars not only helps employers effectively perform their duties, particularly if their job requires a lot of travel, but it also builds a professional image for your company, enhances brand image, improves employee retention rates, and attracts the best and brightest towards the company due to the perks that are offered.

However, when cars are registered to organisations but driven by individuals, some legal and bureaucratic issues may arise. In the past, when an individual committed a traffic offence or road-related crime in a company car, there was a loophole that allowed them to avoid receiving demerit points if the company opted to pay the fines rather than identify the registered operator.

Company car demerit point dodging became highly publicised in 2010, after a company failed to nominate a driver of a company car that was implicated in offences which incurred a total of 15 demerit points. Rather than indicate who was driving so they could receive , the company paid a paltry $5500 in fines. These loopholes have since been closed and no companies face hefty fines for failing to nominate the drivers of their vehicles when an offence is committed.

Dangerous Driving and Speeding Fines in Company Cars (NSW)Speeding and dangerous driving are the biggest contributors to death on NSW roads. Speeding alone contributes to 41 percent of road fatalities and 24 percent of serious injuries each year, with 742 people killed and 6,372 people seriously injured on NSW roads between 2015 and 2019, according to Transport NSW.

It is vital that individuals who break the law on NSW roads are held accountable through fines, demerit points and licence suspensions to dissuade dangerous driving and to ensure only responsible drivers are using our roads.

In the past, companies were disrupting this process both intentionally and unintentionally by failing to nominate offending driver’s who committed offences in company cars. This happened so frequently that a government crackdown hiked up maximum fines in order to hold all parties accountable.

Transport for NSW Executive Director of Road Safety Bernard Carlon has previously stated that there are approximately 7000 offences a year where companies fail to nominate drivers who have committed an offence in a company car.

Camera Detected OffencesCamera detected offences refer to road violations which are captured by mobile speed cameras, fixed speed cameras, red light cameras, combined red light and speed cameras, mobile phone and seatbelt cameras, and point-to-point speed camera systems. They are used to detect speeding offences, traffic light violations, bus lane violations, and mobile phone-related offences. While this technology is helpful for law enforcement, it is not foolproof and many of the images, videos or data can not always detect the driver of the vehicle.

Cameras can detect the following information:

Time, date and location of the offence
Direction and speed of offending vehicle
Speed limit of the road and other security parameters

However, if a car was captured on camera but the registered operator was not behind the wheel, a nomination must be made to ensure the demerits, fines and other punishments go to the right person.

Speeding Fines and Penalties in NSWSpeeding fines and penalties in NSW correlate directly with how much you were exceeding the speed limit – the faster you are going, the larger the fine and the more demerit points you are likely to lose. Despite most people knowing the danger of speeding, almost half of Australians admit to driving over the speed limit. Whether this is accidental, purposeful, or because of an ignorance regarding the severity of fines and penalties, it is essential that people know the ramifications of their conduct.

Speeding offence and fines:Speeding offences are subcategories and punished by severity. Below are the maximum speeding fines broken into severity of offence, with each applying if you have been convicted by a court:

Exceeding speed limit by no more than 10km/h = $2200 fine
Exceeding speed limit by between 10km/h – 20km/h = $2200
Exceeding speed limit between 20km/h – 30km/h = $2200
Exceeding speed limit by more than 30km/h – 45km/h = $2200 and 3-month licence disqualification
Exceeding speed limit by more than 45km/h = $3300 ($5500 for heavy vehicles) and 6-month licence disqualification

Speeding Demerit Points in NSWExceeding the speed limit can cost you between 1 and 7 demerit points depending on how much you exceeded the speed limit, what class of vehicle you were travelling in, and what type of licence you currently hold. For example, exceeding the speed limit by 10km/h or under in a class A motor vehicle carries a penalty of 1 demerit point, while exceeding the speed limit by 45km/h carries a penalty of demerit points. It is essential that no matter what licence you have, you ensure you know your demerit threshold and how demerit points work.

How to Transfer a Fine: Nominating the Driver or Person Responsible for a Penalty NoticeYou transfer a fine by nominating a driver online using the NSW government’s myPenalty webpage which requires your details, driver’s licence number, passport number (if nominating an international driver), penalty notice number and the day of offence. You may be required to provide more evidence in the form of a statutory declaration, in person or in court, and you can log back into the webpage at any point to track your requests progress.

Revenue NSW will review your nomination, and may contact you if they need to clarify anything. If successful, your fine will be transferred to the nominated person, however it may also be rejected if you are unable to provide adequate information about the driver.

Nominating a Driver for Fine From a Camera Detected OffenceCamera-detected offences are automatically captured and the fines are sent to the registered owner of the car. If a company car has been implicated in an offence caught on a camera, it is important for the company to identify the driver responsible so they can receive the demerit points, fines, or other punishments that they are due. If they fail to nominate a driver, this may result in increased fines, court fees, and even a maximum penalty of $22,000.

Falsely Nominating Another Driver in NSWFalsely nominating another driver in NSW is a criminal offence which is strictly enforced and investigated by the Office of State Revenue (OSR). Whenever nominations are conducted, the OSR assesses all available evidence, even cross-referencing with Roads and Maritime Services, and any individual who is found to have falsely nominated a driver is liable for hefty fines, loss of demerit points, loss of licence, and even a criminal record.

When it comes to penalties, falsely nominating another driver can land you with $623 for individuals, but a whopping $1315 for corporations ($3526 for second or subsequent offences). However, if a magistrate is involved, a company can receive a maximum fine of $22,000.

Legal Representation for Corporate Car FinesTo avoid costly fines, inconvenience and potential for bad press, it is important that any company that is being accused of corporate fines or failure to nominate drivers contact and seek legal advice from experienced criminal lawyers immediately.

LY Lawyers offer services for all kinds of criminal matters, including corporate car fines for failing to nominate drivers and more. We are Sydney’s most trusted criminal lawyers and have offices throughout NSW. Call LY Lawyers on 1300 595 299 or contact us online to book your free consultation today.

Frequently Asked Questions About Company Car Speeding Fines in NSWHow can I check if I have been caught by a speed camera in NSW?There is usually no immediate way to know if you have been caught speeding or using your phone by a camera, as there is no visible sign of detection, unlike some red light cameras. The only way to know if you have been caught speeding by a camera is to wait for the infringement notice to arrive in the mail or to check your service NSW account. The notice should arrive within 14 days.

How many demerit points will I lose for a fine on my P2 licence in NSW?The amount of demerit points a provisional P2 driver can lose depends entirely upon what kind of offence and how severe it was. If a P2 driver received a speeding offence where the speed limit was not exceeded by 10km/h, they could lose 4 demerit points (5 for a school zone). If a P2 driver were to exceed the speed limit by 45km/h they could incur 6 demerit points (7 for a school zone) and an automatic 6-month suspension.

How long does it take to receive a speeding fine in NSW?You will usually receive a speeding fine within 14 days, however it is possible for the fine to take as long as 28 days to arrive.

How much is a speeding fine less than 10km over the limit in NSW?If convicted by a court, a speeding fine where the vehicle is travelling less than 10km over the speed limit entails a maximum fine of $2200.

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A warrant for arrest is an official order which gives the police or another law enforcement officer the powers to arrest or search a named offender. Warrants can be issued for various matters, however arrest warrants are specifically issued for criminal matters. Once an authorised officer has issued and authorised the warrant, then police will attempt to locate you and detain you in police custody. Police do not necessarily need a warrant to arrest you, but they do need a search warrant to be able to search you or your property.

The most common situation in which warrants for arrest are issued are when a defendant does not attend court on the court date.

If you have been issued a warrant for arrest, you should seek legal advice immediately.

What Is a Warrant For Arrest?A warrant for arrest is a warrant issued by a registrar or another judicial official to authorise police with the powers to arrest a named suspect before a criminal matter is brought to court and detain them in custody. A warrant for arrest also grants police officials with the power to search you or your property, as well as being able to confiscate any relevant objects which are found in the search. If an arrest warrant is issued whilst on bail, you can be charged with a further offence of breaching bail conditions.

Warrants for arrest are generally issued when there is reason to believe that a suspect or offender will not attend court or if the magistrate believes that there are substantial reasons to do so.

An arrest warrant can be revoked by a Judge, Magistrate or another authorised officer if it is of the opinion that it is deemed appropriate to do so.

Police are not able to issue a warrant for arrest, however, are still able to arrest an individual if they are directly caught committing an offence.

Types of Warrants for ArrestThere are different types of arrest warrants, each containing its own rulings and conditions for being issued.

Pre Court Warrant for ArrestAt any time after it is found that an offender is deemed to be convicted guilty of an offence, the court may issue a pre-court warrant for the offender’s arrest. They can also be issued if an offender has been refused bail for an indictable offence.

When it is deemed difficult for police to locate a suspect for their charge, the Magistrate or another legal official may issue a warrant for arrest which will allow for the police to be authorised for being able to arrest and search the said suspect when found.

Warrant for Arrest Following a Failure to Appear at CourtAn arrest warrant can be issued when a defendant has failed to appear for a scheduled court hearing.

Following the Criminal Procedure Act, if an accused defendant is not present and has failed to appear for a scheduled court hearing, and there are no substantial reasons to have done so, a magistrate may issue a warrant for arrest to arrest the absent defendant.

If an offender is on bail and has failed to meet the conditions of their bail which was stated during the criminal proceedings, then an arrest warrant will be issued and you may be refused bail.

Warrant for Arrest Following a Breach of BondAn offender who is on a Good Behaviour Bond is given certain conditions and is required to be of good behaviour for a given period that is deemed fit by the court. If an offender is currently on a Good Behaviour Bond and they have committed a criminal offence (not a traffic offence) or made an action which the court determines to breach the given condition of the Good Behaviour Bond, they may decide to revoke bond.

Under the Crimes (Sentencing Procedure) Act, if the court has decided to revoke the bond, they may choose to either:

Issue a warrant for arrest and the offender will be called back to court to be resentenced for the offence.
Issue an Intensive Correction Order

Warrant for Arrest in Relation to AVO ProceedingsAn AVO, also known as “Apprehended Violence Order” is a court order designed to protect victims of domestic and/or personal violence from any further abuse or violence. AVO’s restrict or the person that is alleged of causing abuse or violence from being able to contact the protected person.

AVOs can fall under two categories:

Apprehended Domestic Violence Order (AVDO) – protection against an individual whom he or she has had a domestic relationship with.
Apprehended Personal Violence Order (AVPO) – protection against an individual who is not necessarily in a personal relationship with the victim.

If a file for an AVO is made and an authorised officer deems that it necessary in regard to the potential victim, a warrant for arrest can be issued for an offender. Similarly, if it is apparent that there has been a breach of the order, the offender may be charged with a criminal offence.

Warrant for Arrest in Relation to Correction of SentenceIf the court has decided to reopen court proceedings for the correction of a given sentence, they may decide for the revocation or imposition of a penalty that is required to be imposed by law.

If the court has decided to impose the penalty that is required by criminal law, they may call upon the defendant for a summons. If said defendant fails to appear at the scheduled court summons, they may issue a warrant for said defendant’s arrest.

Warrant for Arrest of Witness in ProceedingsAn individual who has been summoned or requested to attend a court proceeding for a subpoena may be issued an arrest warrant if said person fails to comply and has no just or reasonable excuse.

They may also be ordered to compensate another party’s legal costs.

Depending on your reasoning for objecting to a subpoena, you may be able to explain your reason by sending a notice to the court. It is recommended that you seek legal advice if you are wanting to object to a subpoena.

What is a Bench Warrant? A Bench Warrant is a type of arrest warrant that is usually issued when a defendant or suspect has failed to appear for a required court summons. Bench warrants are issued “on the bench” by a judge or magistrate and call for the immediate arrest of a suspect so that they can be brought forth to the court. They are not issued as a result of a criminal offence; however, it can give rise to a criminal charge.

A Bench warrant when issued, is generally assigned a bond amount.

The Difference Between a Bench Warrant and an Arrest WarrantA bench warrant ultimately serves the same purpose as an arrest warrant. However, there are key differences.

An arrest warrant is issued to arrest a named suspect or offender before a criminal matter is brought to court and detain them in custody.
A Bench warrant is issued to arrest when a suspect or offender has failed to appear for a required court summoning. Bench warrants are not necessarily issued as a result of a criminal offence.

Who can Issue a Warrant for Arrest?A warrant for arrest can only be issued by officials such as Registrars, Magistrates and Judges. However certain offences can only have arrest warrants issued by certain officials as shown below:

What Happens Once a Warrant for Arrest is Issued?Once a warrant for arrest has been issued for a suspect, police officers will then locate said suspect, arrest them and then proceed to detain them in police custody until the court date.

If you are presented with a warrant by a police officer, do not attempt to argue or evade them as this could cause further criminal offences to arise.

Police Warrant Checks: Do Arrest Warrants show up in Police Checks?Warrants for arrest may appear on a police or background check depending on the type or severity of crime that it was issued for. However, it should be noted that a warrant for arrest is issued to give police the authority to arrest a suspect and is not used as conclusive proof of guilt for an offence.

However, if an arrest warrant has led to the conviction of a suspect following a court hearing, then it will appear on a police check.

How To Know If There Is A Warrant For A Person’s Arrest

How to Find Out if You Have a WarrantBefore you do anything, it is recommended that you do so once you have sought adequate legal advice. Following this:

If you’re wanting to find out whether or not you have an outstanding arrest warrant against you or a family member, contact your local court. You can also enquire with your local police station, though in the case that there is indeed an arrest warrant issued on your name, you’ll likely be immediately arrested and taken into custody.

What To Do If There Is A Warrant Out For Arrest For You Or A Family MemberAlthough it may sound obvious, if you are confronted with an arrest warrant or realise that there is one issued against you, first make sure that it consists of the correct details of yourself or your address.

Do not argue with the police or resist arrest as you can be charged with the offence of resisting and obstructing against police. Similarly, do not say or do anything that could possibly put you in a worse situation as anything can and will be used against you as potential evidence.

It is absolutely critical that you seek legal assistance immediately.

If you believe that you require legal assistance and need help, please feel free to reach out and contact us! Call Sydney’s most trusted criminal defence lawyers, Ly Lawyers on 1300 595 299. We’re here for you 24/7.

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The Effects of a Criminal Conviction

Ideally, offenders are rehabilitated after being convicted of a crime. A desire to “go straight” and to avoid another encounter with the police motivates many offenders to pursue a law-abiding life that includes full-time employment. But as one young man discovered, a criminal record “is a fast track to rejection” for job applicants.

Peter told The New Daily about his “struggle to find any employer who would even speak to him when he got out” of jail. He isn’t alone. A quarter of all Australians have criminal records. An employment services manager told The New Daily that “as soon as they disclose their criminal past, the employer is not interested.”

People who are accused of a crime are rightly worried about the punishment they might receive. Just as important, particularly for first-time offenders, is the impact a criminal conviction might have on their lives. For many people, the fact of the conviction is a more severe punishment than the sentence that might be imposed by a court.

Fortunately, a criminal conviction might not follow an offender for a lifetime. Some convictions no longer count against an offender after ten years, assuming the offender has not been convicted of a new crime. Still, criminal defense lawyers work to avoid convictions whenever possible. Avoiding a conviction is a much better outcome than living with it for ten years.

Criminal Convictions and Employment

Only Tasmania and the Northern Territory have made it unlawful to discriminate in employment on the basis of a criminal record. No federal law in Australia and no law in NSW prohibits criminal record discrimination.

Some employers are prohibited from hiring employees who have certain kinds of convictions. In NSW, for example, the Child Protection (Prohibited Employment) Act 1988 forbids individuals who were convicted of certain sex offences from accepting a wide range of child-related employment, including employment in schools, child care centers, hospitals, and a variety of other jobs that might bring the employee into contact with children.

Most employers, however, are free to hire employees who have a criminal record. Many employers nevertheless routinely perform a criminal records check and opt not to hire job applicants who have a criminal conviction. Some employers fire existing employees after learning that they have convictions, even if the employee is performing a job to the employer’s satisfaction. In most jobs, discrimination against individuals with criminal convictions is morally wrong, but individuals have no protection against it.

While the Australian Human Rights Commission is empowered to investigate complaints of criminal record employment discrimination as a human rights violation, it can only attempt resolution of those complaints by a process of conciliation. Since criminal record discrimination is not unlawful, the Commission has no effective enforcement mechanism to provide a remedy if a job application is denied or if employment is terminated because of a criminal conviction. Unfortunately for people who have criminal records, the Australian Human Rights Commission Act 1986 is largely toothless.

Criminal Convictions and Housing

Private landlords, like employers, will often perform a criminal records check before deciding whether to rent housing to an applicant. People with criminal convictions may therefore have difficulty finding a place to live.

Housing discrimination on the basis of a criminal conviction, like employment discrimination, may be a human rights violation, but it does not violate any NSW law. Landlords are prohibited from engaging in certain kinds of discrimination, but discrimination based on a criminal conviction is not one of them. Individuals with criminal records lack any effective remedy that will prevent private landlords from discriminating against them.

Even tenants in public housing may encounter difficulties because of past convictions. A new policy in NSW will ban individuals from public housing if they have been convicted of a serious drug offence in the past five years. Since maintaining a stable lifestyle is a key to rehabilitation, depriving individuals of housing because of their past is likely to cause affected individuals to return to crime — an outcome that is at odds with the “public safety” rationale of the new policy.

Other Negative Consequences of Criminal Convictions

A criminal conviction can have a negative impact in other ways, including:

Making it difficult to travel overseas.
Making it difficult to obtain finance.
Making it difficult to obtain insurance.
Making it difficult to adopt a child.
Affecting the opportunity to obtain professional licences.
Affecting the opportunity to obtain a firearms licence.
Obtaining a security licence.
Triggering sentencing enhancements for new convictions.
Making it more difficult to avoid conviction for a new charge.
Harming reputation in the eyes of people who learn about the conviction.

Convictions cannot always be avoided, but a criminal defense lawyer will pursue dismissal of the charge as a first consideration. In some cases, the accused can benefit from a Section 10 dismissal, which results in the dismissal of a charge after an offender admits guilt and takes responsibility for the crime.

Spent Convictions

Certain convictions in NSW can be treated as “spent” after ten years after the date of the conviction (or three years for a juvenile), provided that the offender remains crime-free during that period. A new conviction after ten years has passed does not revive a spent conviction.

A minor traffic offence will not count against the offender during the ten-year waiting period unless the past conviction was for a traffic offence. A few serious traffic offences do count, including culpable driving and dangerous driving causing grievous bodily harm.

There are two circumstances that prevent a conviction from being spent:

The conviction is for a specified sexual offence.
The offender was sentenced to more than 6 months in jail.

After a conviction is spent, the offender is no longer required to disclose it and (except in limited circumstances) it will no longer show up in a criminal records check. The two primary exceptions are that convictions must still be disclosed when applying for certain sensitive occupations, and courts are able to access spent convictions when considering an offender’s criminal record before imposing a sentence for a new conviction.

While it is better to avoid a conviction entirely, an important fallback position is to avoid a sentence of more than six months. That allows the conviction to be spent after the ten-year waiting period expires. A criminal defence lawyer will examine all options and advise the accused of the best strategy for dealing with charges in order to minimise their consequences.

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