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ARTICLE · 13 DECEMBER 2016

"But it wasn't my fault!" – Making representations to prosecutors

Holding Redlich
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A representation is a way of appealing to a prosecutor and suggesting that maybe he or she should reconsider the charges.

AustraliaTransport
Geoff Farnsworth
Geoff Farnsworth
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If you find yourself charged with a breach of the Heavy Vehicle National Law (HVNL) (or any other law, for that matter), you have several options.

You can 'pay the fine or take the time'. You can plead not guilty or, in some circumstances, you might be able to ask the prosecutor to drop the charges by making 'a representation'. A representation is a way of appealing to a prosecutor and suggesting that perhaps he or she should reconsider the charges.

Prosecutors have limited resources and only bring proceedings if they believe they will win. Obviously, they cannot prosecute every breach of every law so they must exercise their discretion about what charges they bring. The touchstone is that it should be in the public interest to bring the charges.

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