The Court: Ringwood Magistrates Court
The Lawyer: Ashleigh Wallace
The Charges:
- Exceed Prescribed Concentration of Alcohol
- Exceed Prescribed Concentration of Alcohol within 3 Hours of Being in Charge of a Motor Vehicle
- Driving While Disqualified
The Allegations:
In 2009, the client was in Melbourne when he was picked up by police for drink-driving and driving while disqualified. He provided the police with his address, but the police took some months to serve him with papers.
By this time, the client had relocated to Tasmania, so the papers did not reach him. Unbeknownst to him, a bench warrant was issued when he did not answer the summons at court, which he also never received.
Fourteen years later, our client returned to Victoria when police intercepted him due to the outstanding warrant. He was bailed to appear at the Ringwood Magistrates’ Court. The client then attended our office, at which point our office requested the brief of evidence from the police.
Our solicitor looked at the charges to see if they had been properly initiated. At first glance, it looked as if they had; there was a summons date, the charges were signed by the informant and authorised by a senior sergeant. However, the copy our solicitor had was not a copy that had been filed with the court.
When police initiate charges and issue a summons, they must file the charge sheet and summons with the court registry within seven days of signing it as per the Criminal Procedure Act 2009.
Concerns were raised when our solicitor could not see a date and signature from a registrar to signify receipt of the charges.
At Court:
Our solicitor attended the Ringwood Magistrates’ Court with the client to conduct a case conference and to enquire with the registry when the charges relating to our client had been filed. Our solicitor inspected the court file and determined that the charge sheet and summons were filed with the registry outside the seven-day time limit.
Following discussions with the prosecutor, the matter was adjourned to allow the prosecution time to produce properly authorised charges.
The Outcome:
The current charges were invalid because they were not filed within the seven-day time limit set out in the legislation. Consequently, the prosecution had to withdraw the charges against our client.
Summary offences must be filed within 12 months of the date of the offence, and as a result, the police had run out of time to initiate new charges for the offences, as 14 years had now passed.
Driving offences carry significant penalties if found guilty; Our client was very fortunate in this case as he avoided any finding of guilt or any penalty.
This is why it is important to always see a lawyer before pleading guilty to any charge. Several factors need to be considered in every case, including whether charges have been initiated correctly.
