DRIVING WHILST SUSPENDED / DISQUALIFIED

Summary Court Process (Local Court)

Most licence suspension and disqualification matters will be heard in the Local Court. The exception to this is when the death or serious injury of another person is involved.

The Local Court process is as follows:

 1. Contact Jameson Law for a free initial consultation

 2. Mention hearing: This is the first court date for your matter. It essentially brings it to the attention of the court. You can plead guilty at this stage after receiving legal advice and the matter will be finalised. If you plead not guilty, the court will adjourn your matter and set another court date. The court will set a date for each party to produce their evidence (brief mention)

 3. You should use this time to gather any supporting evidence such as character references.

 4. Brief mention: Each party must produce their evidence to the court and each other. Another court date will be set for hearing

 5. Hearing: both parties will present their argument to the court. The court will make its decision and issue a sentence where appropriate.

Local Court sentencing options

There are many sentencing options available to the Local Court. These options are available when a term of imprisonment is a maximum penalty, but where no serious injury or death has resulted from the offence.

Pleading guilty at the earliest opportunity may entitle you to a 25% reduction in your sentence. However, you should NOT plead guilty until you have received legal advice, to ensure the best possible outcome for your matter.

Section 10:

A section 10 is the best possible outcome in the event the court finds you guilty of a suspension or disqualification offence. There are three orders available to the court under section 10 of the Crimes (Sentencing and Procedure) Act where the court believes it is inappropriate to further punish an offender.

   Section 10 (1) (a)- dismissal with no conviction recorded

Section 10 (1) (b)- dismissal with no conviction on conditions set by the court. For example, not to commit an offence for a period of two years

   Section 10 (1) (c)- dismissal with no conviction on the condition that the offender enters into an intervention program. For example drug and alcohol counselling.

A section 10 is an acknowledgement of the court that you have committed an offence, however, the court is satisfied that it is out of character and you are unlikely to continue offending. It’s the court’s way of giving you a second chance.

Before granting a section 10, the court will consider:

   Your traffic history.

   Your character, antecedents, age, health and mental condition, etc

   The trivial nature of the offence

   Extenuating circumstances that lead to the offence being committed

   Any other matter the court considers relevant

Intensive Correction Order:

Intensive Corrections Orders are an option available to the court where a sentence of imprisonment is imposed on the condition that a defendant is of good behaviour and agrees to supervision by a community corrections officer rather than go to prison.

Additional conditions that may be imposed by the court include:

   home detention

   electronic monitoring

   curfew

   community service (up to 750 hours)

   participation in rehabilitation or treatment programs, for example, drug treatment/counselling

   no drugs or alcohol

   refrain from certain relationships/associations, for example, drug dealer, etc.

   ban from certain locations

Community Correction Order:

Community Corrections Orders are similar to Intensive Corrections Orders. The main exception being that a defendant needs to make themselves available to attend court at any time the court requires.

Conditional Release Order:

A Conditional Release Order is similar to an Intensive Corrections Order or Community Corrections Order. A Conditional Release Order can be issued with or without a conviction recorded.

Section 32:

A section 32 is a diversionary option available under the Mental Health (Forensic Provisions) Act 1990 (NSW). If a defendant is, or at the time the offence occurred:

   cognitively impaired

   suffering from mental illness

   suffering from a mental condition for which treatment is available in a mental health facility

The options available to a magistrate under a section 32 include:

   adjourning the matter

   granting the defendant bail

   any other order the magistrate deems appropriate

   dismissing the charges and discharging the defendant into the care of a responsible person (e.g. a parent) on the condition they attend a specified place for assessment or treatment.