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If you plead guilty
cartoon of someone pleading guilty
If you plead guilty, the police facts sheet will be read to the court. This tells the Magistrate what the police say happened. The Magistrate may also read statements from any witnesses, your handwritten statement or record of interview and a copy of your criminal record if you have one.
You (if you are unrepresented) or your lawyer will then give an explanation about how and why the offence(s) happened and some information about yourself, your current financial situation, personal circumstances and general character.

Penalties
The Magistrate will then consider the penalty. Penalties range from dismissal without conviction through to conviction with a fine, good behaviour bond, community service order, periodic detention, home detention or full time gaol. If the Magistrate is considering a more serious penalty or wants further information, you may be referred to the Probation and Parole Office to get a pre-sentence report (PSR).
This report tells the court about you and what sort of penalties are suitable for you. Some Local Courts have a duty officer from Probation and Parole and this report can be prepared the same day. When there is no duty officer or if a comprehensive report is needed, your case will be adjourned for several weeks so the report can be prepared. It is important to keep your appointment with the Probation and Parole Office.
Your co-operation could help you.
Once the Magistrate has decided on the penalty in your case, make sure you understand what it is. If you don’t have a lawyer, ask the Magistrate or court staff to explain it for you.
If you receive a fine, there will be a set time to pay, usually 28 days.

Fines
If you have been given a fine and cannot pay within the set time, you can make a “time to pay” arrangement with the court. Go and speak to the court staff before you leave.
If you do not pay the fine to the court within the time set, the State Debt Recovery Office (SDRO) can impose a range of penalties against you such as cancelling your driver’s licence or selling your property. The SDRO will add extra costs to the fine set by the court.
If the SDRO takes action against you and you still cannot pay the fine or you need more information you should ring the SDRO Fineline. Tel: 1300 655 805

After the court hearing
Before you leave the Local Court, find out whether you have to sign any documents such as a good behaviour bond, community service order or periodic detention order and do this before you leave.

If you plead not guilty

Before you go to court | Who gives advice? | Getting ready for court | Find out when your court date is | On the day | In the courtroom | Appeals | Who's who in the Local Court




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The information contained on this page is not legal advice. If you have a legal problem you should talk to a lawyer before making a decision about what to do. The information on this page is written for people resident in, or affected by, the laws of New South Wales, Australia only.

most recently updated 22 June 2000