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出庭时的几个选项和可能的辩护:
What can I do today?
Admit to the charges and ask for diversion
The diversion program means your case is treated differently. It is normally for less serious
cases. You must agree to certain conditions. You do not get a criminal record.
To get diversion you must admit responsibility for the offence. This includes everything the
informant says in the statement of alleged facts. This means you tell the magistrate that you know
you broke the law but you would like diversion. If you have not been given a diversion
recommendation, you can ask to adjourn the case.
See our Diversion fact sheet for more information.
Plead guilty
If you agree that you did break the law, tell the court staff that you are pleading guilty. Go into
the courtroom. The police prosecutor reads out the statement of alleged facts. The magistrate finds
you guilty and gives you a penalty.
If you plead guilty the magistrate treats your plea as a sign that you are co-operating and may
give you a less
severe penalty.
See our Pleading guilty fact sheet to help you work out what to
say to the magistrate.
Plead not guilty
If you believe that you did not break the law or you disagree with what the informant says you did,
you must tell the police prosecutor that you plan to plead not guilty. They will hold a summary
case conference with you before your case is heard in court. After the conference, if you still
wish to plead not guilty tell the magistrate. The magistrate adjourns your case for another day.
You will come back to court for a contested hearing. At this hearing the magistrate listens to
evidence from you and the police before making a decision. You should have a defence.
Saying that you did not know you were breaking the law will not be a good enough defence.
If you are pleading not guilty, get legal advice before the contested hearing. Also see our
Pleading not guilty fact sheet.
Possible defences
You may have a defence if you have a reasonable excuse for driving unregistered. For example, there
was an emergency. The magistrate will decide if your excuse is reasonable.
It is not a defence to say that the vehicle did not belong to you. The law says you must ensure
that any vehicle that you drive is registered, even if you do not own it.
It is also not a defence to say that you could not afford to pay
the registration fee.
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