Fines for Criminal Offences | NSW Penalties

Whether it's a minor infraction or a serious breach, fines stand as one of the most common penalties issued for various offences. Serving as a means of retribution and deterrence, understanding fines and their implications is crucial for individuals navigating the legal system. 

This guide will explore the core principles of fines and dive into the critical factors that influence court decisions and provide actionable insights to maximise the likelihood of achieving favourable outcomes.

Below, we outline the key components of this guide:

• What is a fine? 

• What is a penalty unit? 

• What is the court procedures of paying a fine? 

• If you can't afford to pay your fine 

• Types of offences which a fine can be imposed

• Will a fine show up on my criminal record? 

Within the context of criminal or traffic offences, a fine is a financial penalty imposed by a court as punishment for a criminal or traffic offence, requiring the offender to pay a specified amount of money as retribution for their actions. In New South Wales, the statutory framework governing fines is under Part 2, Division 4 of the Crimes (Sentencing Procedure) Act 1999. 

This section outlines the structured scheme through which fines are determined and enforced. Notably, fines can be applied for a broad spectrum of offences, ranging from minor infractions to more serious offences. It's important to recognise that while fines may be imposed alongside other penalties, they cannot be stacked with a Conditional Release Order (CRO) for the same offence.

Can a fine be imposed alongside other penalties?

Yes, a fine can indeed be imposed alongside other penalties. In addition to a fine, offenders may face penalties such as community corrections order, intensive correction order, imprisonment, etc, all depending on the severity of the offence and the discretion of the court. 

While the court can impose both a fine and another penalty alongside each other, the court cannot apply a non-conviction penalty such as community corrections order or a section 10 dismissal alongside a fine.

What is a penalty unit?

A penalty unit serves as a standardised amount used to measure fines and penalties for various offences. In accordance with Section 17 of the Crimes (Sentencing Procedure) Act, the value of one penalty unit is currently set at $110. When determining fines, the court often calculates the penalty by multiplying the number of penalty units assigned to the offence by the current monetary value per unit. 

This ensures consistency and fairness in the imposition of fines across different types of offences. It's essential to note that while fines may vary depending on the severity of the offence, the maximum number of penalty units that can be imposed cannot exceed 1,000, meaning the highest fine cannot exceed $110,000.

Navigating the process of paying fines can often be complex, understanding the procedures outlined in Section 5(1) of the Fines Act 1996 can be really important in making sure you know your rights and understand the processes involved in paying off a fine. 

This section explains the steps individuals must follow when issued a fine by a court, ensuring compliance with legal obligations and facilitating the resolution of penalties. Failure to adhere to the prescribed steps can lead to further consequences.

1. Payment details

Upon issuance by the court, the fine must be paid within 28 days. Failure to meet this deadline may result in additional penalties or enforcement actions. Individuals are typically provided with various payment options, including online transactions, in-person payments at designated locations, or payments via mail. It's crucial to ensure timely payment to avoid further consequences

2. Notification of a fine

Once a fine is imposed by the court, individuals are formally notified of the penalty. This notification outlines the details of the fine, including the amount owed and the offence for which it was imposed. Additionally, the notification specifies the deadline by which the fine must be paid, typically within 28 days. It's imperative for individuals to carefully review the notification and take prompt action to fulfil their payment obligations.

3. Time to pay - What if you can’t pay on time?

If individuals find it challenging to pay the fine within the given timeframe, they can seek an extension from the court. Additionally, there's an option to request permission to pay the fine in instalments. This arrangement allows for flexibility in meeting the financial obligation imposed by the court, ensuring that individuals can fulfil their responsibilities without difficulty.

4. Enforcement order - What if I don’t pay my fine?

If a fine remains unpaid beyond the specified deadline, the court may issue an enforcement order. This order empowers authorities to take enforcement actions to recover the outstanding debt. Such actions may include seizing assets, taking from wages, or suspending driver's licences. Additionally, individuals may face further penalties for non-compliance.

5. Withdrawal of enforcement order

A court fine enforcement order may be withdrawn if an error has been made. 

When faced with the responsibility of paying a fine, understanding the available payment methods is crucial to ensure timely compliance. Here are the options for fine payment:

• Online Payment: Utilise online platforms for convenient and efficient payment processing.

• Cheque or Money Order: Make payments payable to the Local Court through traditional methods.

• EFTPOS: Pay in person using debit or credit cards (VISA, Mastercard, and AMEX).

• Centrepay Instalments: Deduct payments from Centrelink benefits by completing the relevant application.

• Direct Instalments: Apply to pay in instalments directly to the court, even without Centrelink benefits.

Remember, if additional time is needed, promptly request an extension from the local court. Contact them immediately if facing difficulties in meeting payment obligations. 

What if I can’t afford to pay my fine?

When courts determine the appropriate fine, they typically take into account the individual's financial circumstances. This includes assessing the person's ability to pay and any mitigating factors surrounding the offence. For instance, if someone is experiencing financial hardship or is reliant on Centrelink benefits, the court may consider imposing a smaller fine that is manageable for the individual. 

In situations where payment within the designated 28-day period poses a challenge, individuals can seek assistance from the court to request additional time for payment. This extension allows for a more feasible repayment schedule, ensuring that individuals can fulfil their financial obligations without undue hardship. 

At Faraj Defence Lawyer we can advocate on behalf of individuals facing financial difficulties to ensure that the court considers their circumstances fairly and provides appropriate options for payment.

What happens if I don’t pay my fine?

Failure to pay a fine within the specified timeframe can result in various consequences. One common repercussion is the imposition of community service as an alternative penalty. Instead of paying the fine, individuals may be required to perform a set number of hours of community service. 

This entails undertaking tasks such as cleaning public areas, assisting in charitable activities, or participating in other community-focused initiatives. Community service serves as a form of retribution to the community for the offence committed. 

However, it's important to note that these consequences can vary depending on the specifics of your case and the discretion of the court. It's advisable to address unpaid fines promptly to mitigate the risk of further legal action.

Yes, individuals have the right to appeal a court fine if they believe there are grounds for challenge. This typically involves filing an appeal with a higher court within a specified timeframe after the initial fine is imposed. Grounds for appeal may include errors in the legal process, excessive penalty, or extenuating circumstances. 

Faraj Defence Lawyers can assist individuals in navigating the appeals process, providing legal expertise and representation to advocate for a favourable outcome. Seeking professional assistance can greatly increase the chances of success in appealing a court fine.

What is the process of appealing a fine?

To appeal a fine, you will need to do the following:

• Follow the prompts on the back of the fine notice to “elect” the fine to court online. 

• Once you receive your court date, you will appear at court to enter your plea of guilty or not guilty.

Fines are commonly imposed for a wide range of summary criminal offences, which are less serious offences typically heard in the Local Court. Here are some examples of offences that can result in fines:

• Traffic Offences: Traffic violations such as speeding, running red lights, or driving without a valid licence can lead to fines. The amount of the fine often depends on the severity of the offence and the number of demerit points incurred. 

• Public Order Offences: Offences related to public order, such as disorderly conduct, offensive language, or public intoxication, can also result in fines. These fines aim to deter antisocial behaviour and maintain public order. The penalty units and fine amounts for such offences vary depending on the specific circumstances.

• Minor Property Offences: Petty theft, shoplifting, and minor property damage offences are often punishable by fines. The fine amount may be determined based on the value of the stolen or damaged property and any aggravating factors involved.

• Drug Possession: Possession of small quantities of illegal drugs for personal use can lead to fines. However, more serious drug offences, such as trafficking or manufacturing, typically result in harsher penalties.

It's important to note that fines for summary offences are typically calculated based on penalty units, with each unit corresponding to an amount of $110. 

Paying a fine for a summary offence, such as a traffic violation, typically does not result in a criminal record. Summary offences are considered less serious and are often dealt with through fines or other minor penalties. However, more serious criminal offences, such as indictable offences, can result in a criminal record if convicted. It's important to note that the distinction between traffic and criminal offences lies in the severity of the offence and the potential penalties involved. 

If you've received a Fine/Penalty notice and need guidance on your options, Faraj Defence Lawyers is here to help. Our experienced team can provide expert advice on how to best address the notice, whether it involves discussing payment options or challenging the fine in court. 

We understand that facing legal matters can be daunting, but rest assured that we are committed to advocating for your rights and ensuring the best possible outcome for your case. Don't hesitate to reach out to us for personalised assistance and representation. Your peace of mind and legal well-being are our top priorities. 

Call or email us today for a free consultation at (02) 8896 6034 and af@farajdefencelawyers.com.au, or by booking in a free initial consultation at our Parramatta office.

If you’d like to learn more about other penalties, we’ve provided a list below which will help give you a comprehensive overview of each penalty:

• Section 10 Dismissals

• Intensive Correction Orders

• Community Correction Orders

• Conditional Release Orders

• Full-time imprisonment