Criminal Infringement Notices (CINS)

Published by Geoff Harrison | 15 October 2024

Police may issue a Criminal Infringement Notice for offences such as:

• Custody of a knife in a public place (first offence) - s93IB Crimes Act 1900

• Larceny - s117 Crimes Act 1900

• Good In Custody - s527C(1) Crimes Act 1900

• Possess Prohibited Drug - s10 Drug Misuse and Trafficking Act 1985

• Possession of Equipment to Administer a Prohibited Drug - s11 Drug Misuse and Trafficking Act 1985

• Self Administer Prohibited Drugs - s12 Drug Misuse and Trafficking Act 1985

• Offensive Conduct - s4(1) Summary Offences Act 1988

• Offensive Language - s4A(1) Summary Offences Act 1988

• Obstructing Traffic - s6 Summary Offences Act 1988

• Unauthorised Entry of Vehicle or Boat - s6A Summary Offences Act 1988

• Continuation of Intoxicated and Disorderly Behaviour Following Move on Direction - s9 Summary Offences Act 1988

A record is made when police issue a Criminal Infringement Notice under Legal Process History, however, importantly this is not a criminal conviction. Police can issue up to four Criminal Infringement Notices at the time of service. Police also have the power to take fingerprints under s138A of the Law Enforcement (Powers and Responsibilities) Act 2002 if the person is over 18 years of age however, the fingerprints must be destroyed upon payment of the penalty.

Other Sources:

• NSW Police Force: Criminal Infringement Notice Standard Operating Procedures

• NSW Ombudsman Discussion Paper: Put on the Spot - Criminal Infringement Notices Trial

• Legislative Council: Crimes Legislation Amendment (Penalty Notice Offences) Bill Second Reading Speech

• Custody of Knives in Public Places or Schools

• Goods in Custody - s527C

• Possession of Prohibited Drugs

• Offensive Conduct

• Offensive Language

Extracted Legislation:

CRIMINAL PROCEDURE ACT 1986 - SECT 336

Penalty notice offences

(1) The regulations may prescribe an offence under any Act or statutory rule made under an Act as a penalty notice offence for the purposes of penalty notices served by police officers under this Part.

(2) Any such regulation may specify the offence or refer to the provision creating the offence.

CRIMINAL PROCEDURE ACT 1986 - SECT 337

Penalties

(1) The regulations may--

(a) prescribe the penalty payable for a penalty notice offence dealt with under this Part, and

(b) prescribe different penalties for different offences or classes of offences, and

(c) prescribe different penalties for the same penalty notice offence.

(2) The amount of a penalty prescribed for a penalty notice offence is not to exceed the maximum amount of penalty that could be imposed for the offence by a court.

SCHEDULE 4 – PENALTY NOTICE OFFENCES

1 DEFINITIONS

In this schedule--

"knife-related offence" means--

(a) an offence under the Crimes Act 1900, section 93IB or 93IC, or

(b) an offence under the Summary Offences Act 1988, section 11B, or

(c) another offence, including under a law of the Commonwealth or another State or Territory--

(i) committed using a knife within the meaning of the Crimes Act 1900, Part 3A, Division 2A, and

(ii) punishable by imprisonment for 2 years or more.

"small quantity" has the same meaning as in the Drug Misuse and Trafficking Act 1985.

"traffickable quantity" has the same meaning as in the Drug Misuse and Trafficking Act 1985.

2 PENALTY NOTICE OFFENCES

For the purposes of sections 336 and 337 of the Act--

(a) each offence specified in the table to this clause is an offence for which a penalty notice may be issued, and

(b) the amount payable under the penalty notice is the amount specified opposite the offence.

TABLE

	Column 1	Column 2
	Provision	Penalty
	Offences under Crimes Act 1900
	Section 93IB(1), if the person has not previously--(a) been served a penalty notice under the Act, Chapter 7, Part 3 for a knife-related offence and paid the amount payable--(i) under the notice, or(ii) as a result of subsequent action taken in relation to the notice, or(b) been convicted of a knife-related offence, or(c) been the subject of an order made under the Crimes (Sentencing Procedure) Act 1999 , section 10 in relation to a knife-related offence.	$550
	Section 117, if value of property or amount does not exceed $300	$300
	Section 527C (1)	$350
	Offences under Drug Misuse and Trafficking Act 1985
	Section 10--(a) for 3,4-Methylenedioxymethylamphetamine--(i) in tablet form--is less than a traffickable quantity, or(ii) in another form--does not exceed a small quantity, or(b) for another drug other than cannabis leaf--does not exceed a small quantity.	$400
	Section 11(1)	$400
	Section 12(1)	$400
	Offences under Summary Offences Act 1988
	Section 4 (1)	$500
	Section 4A (1)	$500
	Section 6	$200
	Section 6A	$250
	Section 9	$1,100

LAW ENFORCEMENT (POWERS AND RESPONSIBILITIES) ACT 2002 - SECT 138A

Taking of finger-prints and palm-prints from persons issued penalty notices

(1) A police officer who serves a penalty notice on a person under the Criminal Procedure Act 1986 may (whether before or after the penalty notice has been served) require the person to submit to having his or her finger-prints or palm-prints, or both, taken and may, with the person's consent, take the person's finger-prints or palm-prints, or both.

(2) A requirement under this section must not be made of a person who is under the age of 18 years and any such person is not required to comply with a requirement under this section.

(3) The Commissioner must ensure that a finger-print or palm-print taken under this section is destroyed--

(a) on payment of the penalty under the penalty notice, or

(b) if the relevant penalty notice offence is dealt with by a court and the court dismisses the charge in relation to the penalty notice or arrives at a finding of not guilty for the charge, or

(c) if the penalty notice is withdrawn.