What is a Criminal Infringement Notice (CIN) in New South Wales?
In New South Wales, a Criminal Infringement Notice (CIN) offers an alternative to traditional court proceedings. NSW Police can issue a CIN under certain conditions, such as when the offender is an adult, not continuing the offense, or is sufficiently sober to comprehend the situation.
Which Offences Can Lead to a CIN?
CINs are typically issued for minor offenses that do not require court intervention. Below are some examples of offenses that can be addressed through the CIN system:
- Larceny (items valued under $300)
- Carrying a knife in public (in some cases)
- Possession of stolen goods
- Offensive conduct
- Obstructing traffic
- Unauthorised entry into a vehicle or boat
- Persistent disorderly conduct after receiving a move-on order
- Drug possession (depending on the amount)
It’s important to note that while some offenses qualify for CINs, issuing one is at the discretion of the police. Just because an offense can be resolved with a CIN does not guarantee that it will.
Recent Updates to CINs for Drug Offenses
In early 2024, the NSW Government introduced new measures on how police handle minor drug possession cases.
What Drugs Are Included?
The following substances are commonly dealt with under the CIN system:
- MDMA (known as “ecstasy,” “caps,” or “molly”)
- Cocaine
- LSD
- Ketamine
- Methylamphetamine (“ice” or “speed”)
- Heroin
However, a CIN can only be issued if certain criteria are met. The individual must be an adult, the drugs must be for personal use, and the quantity must not exceed a specific amount. The table below outlines the thresholds for some common prohibited substances:
| Drug | Permitted Amount |
| MDMA (capsules) | 0.25 g |
| MDMA (other forms) | 0.75 g |
| Cocaine | 1.00 g |
| Ice/Speed | 1.00 g |
| Ketamine | 2.50 g |
| LSD | 0.0008 g |
| Heroin | 1.00 g |
These limits show that CINs are intended for those possessing very small amounts of prohibited drugs. Exceeding these amounts will result in criminal charges.
What’s the Fine for Drug Possession Under a CIN?
From September 2024, the fine for drug possession under a CIN is set at $400.
Are Police Required to Issue a CIN Instead of Taking Me to Court?
While the updated policy aims to steer minor offenders away from the court system, the decision to issue a CIN or proceed with a court attendance notice remains with the police. Additionally, if you are caught repeatedly with small amounts of drugs, you will be sent to court for a decision on appropriate penalties.
Does a CIN Affect My Criminal Record?
A CIN does not result in a criminal record, unlike a formal drug possession charge. This distinction is one of the key benefits of the CIN system.
Can I Choose to Contest the CIN in Court?
Yes, you can elect to challenge the notice in court if you believe you are not guilty. However, contesting the CIN may expose you to harsher penalties, including up to two years in prison, fines of up to $2,200, or both.
How Can Conditsis Lawyers Assist You?
Once you decide to take a CIN to court, the decision is final. It’s crucial to seek advice from an experienced lawyer before making that choice. Call our Criminal Law team at Conditsis Lawyers (02) 4058 5844 to help you understand your options and guide you through the process if you have received a CIN.
