Archive, Industry News

Understanding split court charges

LEGAL OPINION: If you have received multiple charges, don’t assume they’re all dealt with at the same court

Over the past month I’ve seen a new trend with driver fatigue matters that’s worth being aware of. It’s always been common for drivers who have been caught with mistakes in their work diary to receive multiple charges. That’s because when someone misunderstands part of the fatigue rules, they’ve usually made the same error multiple times before the Transport for NSW inspectors examine their work diary.

Usually all of the charges are sent to the same court to be dealt with on the same day. But, recently, I’ve seen a number of cases in New South Wales where the charges have been split up and sent to different courts on different days. 

There doesn’t seem to be any obvious reason for splitting up the charges. The breaches have all been detected at the same time during a work diary check. At this stage it’s not clear whether this is a new policy or just an administrative error. 

It’s handy to be aware, though, so that if you do receive more than one charge, don’t assume they’re all listed at the same court. Make sure to double check the location and date for each separate Court Attendance Notice.


 RELARTED ARTICLE: Fickle enforcement rules a state circus.


 If the cases have been split up, then it can be a good idea to bring them together at one courthouse. Most magistrates are willing to transfer cases to a court closer to your home if you’re pleading guilty (but it does need to be a NSW court; they can’t transfer interstate). Not only does this make it easier for you by having to only go to court once, it also means that the magistrate can look at the whole situation when deciding the outcome. This can sometimes result in a more lenient outcome for some of the charges than if each one was dealt with individually.

Having said that, it’s always a good idea to speak with a lawyer first because there could be something particular about your case that means its best to keep the charges separate.

 If you would like to bring the cases together, our suggestion is to contact the court as soon as possible. Where possible it’s best to send an email because these go directly to the courthouse (as opposed to the central phone hotline) and you’ll have a written record of their response. The courts’ email addresses are available online.

COVID procedures

This flows into another recent change in court procedure that’s useful to be aware of. Last month, the NSW Local Court revoked almost all of the measures they put in place for COVID-19. This includes things like automatically letting people send emails or appear by video link instead of going to court. While some courthouses will still let you do these things, it’s important not to assume.

So, if you’d like to transfer your case or ask for an adjournment, we recommend contacting the court well in advance to check what you need to do.

Ultimately, we do expect that there will still be some flexibility but it’s always best to double check. As always, if you need help our team at Ainsley Law are happy to assist.

 

 C-GREGS-FILES-4.-OWNER-DRIVER-WEBSITE-Dec-2020-Sarah-Marinovic-Sarah-Marinovic-2.jpg*SARAH MARINOVIC is a principal solicitor at Ainsley Law – a firm dedicated to traffic and heavy vehicle law. She has focused on this expertise for over a decade, having started her career prosecuting for the RMS, and then using that experience as a defence lawyer helping professional drivers and truck owners. For more information email Sarah at sarah@ainsleylaw.com.au or phone 0416 224 601.

Previous ArticleNext Article
Send this to a friend