What is Consorting?

17 October 2025 in Criminal Law | 2 min read | skip to FAQs

Consorting refers to the act of associating with people who have been convicted of serious offences. NSW law prohibits consorting with convicted offenders who have been convicted of a serious indictable offence. Importantly, the police must provide a verbal or written warning stating that the person is a convicted offender and that it is an offence to associate or deal with them. The aim of this law is to prevent people from engaging in criminal activity by preventing their access to potential partners in crime.

The law on consorting in NSW is outlined in section 93X of the Crimes Act 1900 (NSW). The Act defines consorting as “habitually consorting with convicted offenders in circumstances that raise reasonable suspicion of criminal activity.” In addition, the person must have been given an official warning by police to avoid consorting with the convicted offenders.

Consorting penalties

Police will issue verbal or written warnings to individuals they suspect of consorting with persons who have been convicted of an indictable offence. An indictable offence is a more serious offence that is generally heard before a judge in the District or Supreme Court. Indictable offences carry higher sentences. If someone is issued with a warning and continues to consort with known offenders, they can be charged with the offence of consorting and face legal penalties. The penalties in NSW can be severe. If someone is found guilty, they can face fines of up to 150 penalty points ($5,500) and or imprisonment for up to 3 years. Repeat offenders can face even more severe penalties, including longer prison sentences.

Possible defences for consorting

1. The person did not receive an official warning from the police.
2. The person was not associating with two or more individuals.
3. The person didn’t consort with these individuals at least twice (with each person)
4. The individuals that the person was with have not been found guilty of serious, indictable crimes.
5. The person was placed under duress and forced to consort.

Legitimate associations

It is important to note that not all associations with known offenders are considered consorting under the law. The law only applies to habitual associations that raise reasonable suspicion of criminal activity. If someone has a legitimate reason for associating with a known offender, such as a family or business relationship, they are unlikely to be charged with this offence.

How can BSM Sydney Lawyer assist you ?

We understand the gravity of being charged with consorting and the potential consequences that can come with it, including imprisonment and a criminal record. Our team of criminal lawyers work closely with our clients to thoroughly investigate the circumstances of their case and develop a robust defence strategy. If you are facing charges, contact BSM Criminal Sydney Lawyers for expert legal advice and representation. Our senior criminal lawyers offer a free 20-minute consultation.

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Brander Smith McKnight Lawyer Sydney has offices conveniently located in Sydney CBD, Sutherland, Parramatta, Shellharbour and Wollongong.