Criminal Infringement Notices

2 October 2024 in Criminal Law | 3 min read | skip to FAQs

In New South Wales, police officers have the ability to exercise discretion when dealing with specific offences. Rather than issuing a Court Attendance Notice and beginning formal court proceedings, officers can issue Criminal Infringement Notices (CIN) pursuant to chapter 7, part 3 of the Criminal Procedure Act 1986 (NSW). A CIN is essentially an on the spot fine for certain offences. This article describes the definition of a CIN, the types of offences that a CIN may be applied to, the associated fines and the implications for any person who receives a CIN.

What are Criminal Infringement Notices?

Criminal Infringement Notices are financial penalties issued by police officers for minor offences. This system was introduced in 2007 to provide a more efficient means of addressing certain behaviours without utilising the court system. This approach has alleviated pressure on courts as it allows minor offences to be resolved outside of formal proceedings, and without a formal conviction.

Offences Eligible for CINs

Schedule 4 of the Criminal Procedure Regulation 2017 outlines the offences which may be dealt with by way of a CIN:

1. Larceny offences not exceeding $300.00 pursuant to section 117 of the Crimes Act 1900
2. Goods in custody pursuant to section 527C(1) of the Crimes Act 1900.
3. Offensive conduct pursuant to section 4(1) of the Summary Offences Act 1988
4. Offensive language pursuant to section 4A(1) of the Summary Offences Act 1988
5. Unauthorised entry of vehicle or boat pursuant to section 6A of the Summary Offences Act 1988
6. Continuation of intoxicated or disorderly behaviour pursuant to section 9 of the Summary Offences Act 1988
7. Drug possession pursuant to section 10 of the Drug Misuse and Trafficking Act 1985. (This applies to possession of illicit substances where the weight is equal or less than the small quantity).
8. Low range drink driving pursuant to section 110(3) of the Road Transport Act 2013
9. Drive with illicit drug present in blood (drug driving) pursuant to section 111 of the Road Transport Act 2013

Fines Associated with Criminal Infringement Notices

The fines associated with the above mentioned offences are as follows:

1. Larceny $300
2. Goods in Custody $350
3. Offensive Conduct $500
4. Offensive Language $500
5. Obstructing Traffic $200
6. Unauthorised Entry of Vehicle or Boat $250
7. Continuation of Intoxicated and Disorderly Behaviour $1,100
8. Drug Possession $400
9. Low Range Drink Driving $587
10. Drug Driving $587

Do CIN’s go on my Criminal Record?

No, paying a criminal infringement notice does not result in a criminal record. Payment of a fine implies no admission of guilt, meaning that if you have paid a CIN previously, you do not have to respond negatively to questions regarding whether you have been charged, whether you have any criminal convictions or whether you have plead guilty or been found guilty of a criminal offence.

While there will be no official entry on your criminal record, police do keep a history of paid CIN’s and can access these records at any time.

Seeking a Review

Individuals who receive a CIN have the right to request a review through Revenue NSW. These reviews for police issued CINs are then forwarded to the NSW Police for determination.

Appealing to Court

If a review of the CIN is declined, the recipient of the CIN may elect to have the matter heard in court. However, it is our strong recommendation that any recipient receive legal advice before electing to have any CIN heard in court, as the matter will then be treated as if formal charges were laid. As a result the penalty may increase, as higher fines apply, and there is a reasonable probability that, in the event of a finding of guilt, the offence will then appear on the recipient’s criminal record.

Limitations on Issuing Criminal Infringement Notices

Police are prohibited from issuing criminal infringement notices for certain offences, including:

1. Domestic violence offences
2. Severe intoxication (if the individual is unable to comprehend the process)
3. Ongoing offences (if the individual refuses to adhere to police requests)
4. Offences where further investigation is required
5. Offences involving public demonstrations and industrial disputes

Additionally, police do not generally issue CIN’s to any individual who commits more than four offences at one time.

How can BSM Sydney Lawyers help you?

At Brander Smith McKnight, our criminal lawyers possess extensive knowledge and experience in advising clients who have received criminal infringement notices. We can help you explore your options regarding the infringement. The criminal lawyers at BSM Sydney Lawyers will guide you through any appeal to court, outlining the implications of your choices and helping you make an informed decision. Our criminal lawyers offer a 20-minute free consultation.

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BSM Lawyer Sydney are conveniently located in Sydney CBD, Sutherland, Parramatta, Shellharbour and Wollongong.