SCU Law dean, former magistrate David Heilpern takes aim at websites offering up incorrect ‘sovereign citizen’ advice

Websites named and shamed for leading Aussies to believe they can dodge legal penalties with illogical “sovereign citizen” arguments should be shut down, says a former magistrate.

Leading law academic and former magistrate David Heilpern. Picture: Southern Cross University

Websites Aussie Speeding Fines and LawfulMe have been named and shamed by a former magistrate, who says they have led motorists to believe they can dodge penalties with illogical “sovereign citizen” arguments.

Southern Cross University Associate Professor David Heilpern, who worked as a magistrate for more than 20 years, has called for the websites offering pseudo-legal tips to be shut down.

The NSW Attorney-General’s office, commenting on the matter more broadly, warned those providing legal advice without qualifications could end up in hot water.

“Any person purporting to provide legal advice who is not qualified to do so should refrain from doing so as there may be consequences under civil or criminal law,” a spokesperson said.

“There is a concerning trend involving people who identify as ‘sovereign citizens’ who wrongly believe they are not subject to Australian federal, state or local law attempting to rely on fanciful ‘pseudo-law’ arguments in court, including in attempts to defend criminal charges,” a spokesperson said.

“No one sits outside the laws of Australia and its states and territories. If you break the law in NSW you will be held accountable by our criminal justice system.”

Mr Heilpern, dean of law at the Lismore and Gold Coast-based university, has presented a paper to a Sydney conference after examining the two paywalled websites, which suggest how people can derail the legal process.

“As a magistrate I was regularly challenged by pseudo-law adherents,” he said.

David Heilpern worked as a magistrate for 22 years. Picture: Glenn Hampson

“As a result, I have a tragically magisterial encyclopaedic knowledge of traffic law and have seen every pseudo-law argument raised and lost, as well as closely observing

interstate and international developments.”

Mr Heilpern said the websites should be closed by regulators.

The sovereign citizens movement – a disparate group of conspiracy theorists and anti-government activists – is bonded by the idea that government law does not apply to them unless they provide consent.

They suggest governments are private corporations and have no power to make or enforce laws and that laws do not apply without agreement of a person charged.

Such websites often argue laws are “not enacted in the Queen’s name” and there must be a victim for there to be a crime, among other arguments rubbished by the legal profession.

Police during a run-in with an alleged “sovereign citizen”.

Mr Heilpern said none of the arguments hold water legally and people trying to subvert the system could end up with a larger financial penalties.

“Of most concern is that these websites and publications actually encourage subscribers to break the law in a manner that could lead them to prison,” he said.

Mr Heilpern said offenders who delay courts with stalling tactics will forfeit early guilty plea penalty discounts, or cop substantial prosecution costs.

“It’s legal gobbledygook. It’s absolute rubbish, it has no standing,” he said.

David Heilpern when he was working as a magistrate in Lismore.

Mr Heilpern said the “real kicker” was someone caught speeding a little over the limit generally faces a fine and demerit points, but risks a licence disqualification by contesting.

Mr Heilpern worked as North Coast co-ordinating magistrate, serving on the Lismore and Grafton circuits as well as Coffs Harbour.

He advised anyone who believed they were not guilty of a traffic offence to contact a community legal centre (not Legal Aid), visit the LawAccess website run out of the State Library. Lawyers can also be contacted.