Criminal Infringement Notice (“CIN”) – What Should I Do?

As many people know, defending criminal charges can be costly, time-consuming, emotionally and mentally taxing. For many, it is also often an embarrassing process. However, not all criminal offences result in persons being arrested, charged and taken to court.

In 2007, criminal infringement notices (“CIN”) were introduced, granting police officers the power to issue on-the-spot fines for certain offences in lieu of commencing criminal proceedings. The rationale behind this was to reduce the amount of paperwork police officers are required to process, expedite the process of paying penalties for persons willing to concede guilt and avoid going to court and allow fast and effective action to address misconduct in the community.

If police have a ‘reasonable suspicion’ that you have committed an offence, they have the discretion to issue you with either a CIN or a Court Attendance Notice (CAN).

Currently, police officers can issue CINs to persons over the age of 18 years for offences falling under the following eight categories:

1. 1. Stealing/Larceny (where the amount is less than $300) (section 117 of the Crimes Act 1900 (NSW));
   2. Offensive language (section 4A(1) of the Summary Offences Act 1988 (NSW));
   3. Offensive behaviour (section 4(1) of the Summary Offences Act 1988 (NSW));
   4. Unauthorised entry of a vehicle/boat (section 6A of the Summary Offences Act 1988 (NSW));
   5. Obstruct traffic (section 6 of the Summary Offences Act 1988 (NSW));
   6. Goods in custody (section 527C of the Crimes Act 1900 (NSW));
   7. Continuation of intoxicated and disorderly behaviour following move on direction (section 9 of the Summary Offences Act 1988 (NSW));
   8. Possess prohibited drug (section 10 of the Drug Misuse and Trafficking Act 1985 (NSW)).

How do I pay the fine?

If you are issued with a CIN, you have 21 days within which to pay the fine to the State Debt Recovery Office (“SDRO”). You can pay the fine here.

If you fail to pay the fine within the given time frame, the SDRO will issue you a reminder notice giving you a further 28 days within which to pay the fine. You will incur an additional $65 enforcement cost along with this.

Can I elect to go to court instead?

If you wish to contest the charge, you may complete and submit a court election notice here. Alternatively, you may notify the SDRO in writing that you wish to elect to take the matter to court. You will then receive a formal Court Attendance Notice to attend Court on a specified date, time and location.

If you do so, you do not need to pay the penalty until the matter is decided in court.

Should you elect to take your CIN to court, the matter will be heard as if you had been charged with the offence and the police will need to prove that you committed the offence. The proceedings will need to be formally defended by yourself. Your lawyer can provide you with legal advice on defences available to you and assist with building a strong defence case. The presiding Magistrate will then determine whether you are Guilty or Not Guilty. Sky Solicitors Sydney provides legal representation for persons seeking to defend such charges.

You should bear in mind that it may not always be in your best interest to elect to take a matter to court. Sky Solicitors Sydney can assist you to assess your prospects of succeeding in appealing a CIN, and advise you on the potential costs, time and other consequences involved. At Sky Solicitors Sydney, we provide honest and competent advice on all of the options available to you.

What other options do I have to avoid paying the fine?

If you believe that a mistake was made in issuing the CIN, or that you have reasonable reasons for having committed the offence, you may consider seeking a review by the SDRO. You can request a review here. The matter will be reviewed by a member of the NSW Police Force.

If you are considering electing to go to court, you should strongly consider seeking a review first, as it is usually less costly and time-consuming. You cannot seek a review and take the matter to court at the same time. However, opting for a review will not preclude you from taking the matter to court – if you do ask for a review and you disagree with the decision, you will have a further 28 days to take the matter to court.

Will the charge appear on my criminal record?

If you are issued with a CIN, a record of this appears on the police computer system. This substantially assists police to keep track of persons who have been charged with minor offences, and identify any repeat offenders who ought to be taken to court for committing subsequent offences of the same type.

If you choose to pay the fine to the SDRO, payment will not result in the recording of a conviction on your criminal record.

However, all CINs determined in court will appear on your criminal record. If the offence is proven and you are found guilty, it will appear as a conviction (unless no conviction is recorded). Alternatively, if the offence is not proven and you are found not guilty, or the charge is withdrawn, it will appear accordingly on your criminal record as a non-conviction or a withdrawn charge.

Where can I seek legal advice?

If you seek legal representation, Sky Solicitors Sydney can assist with your legal needs. Contact our office today to have a confidential discussion with one of our experienced solicitors.