Consorting laws in New South Wales (NSW) are based on the idea that associating with convicted criminals increases the likelihood that a person will commit crime. This ideology is especially prevalent when dealing with young offenders and ‘gang’ related individuals such as biker groups. These laws can be complex, but this guide breaks them down into simple terms to help you understand how they work, what they mean, and what to do if you are affected.
In plain terms, consorting refers to repeatedly communicating or associating with certain people after the police have formally warned you not to. The law aims to deter individuals from maintaining contact with convicted offenders in situations where such associations could lead to criminal behaviour.
How Do Consorting Laws Work?
Consorting laws are not about one-off interactions. Instead, they focus on repeated contact. Here’s how the process generally works:
- Consorting Occurs
This means a person communicates or associates with another person. Communication can happen in person, over the phone, via text, social media, or other messaging platforms. - The Other Person is a Convicted Offender
A convicted offender is someone who has been found guilty of an indictable offence (a more serious type of crime). - Police Issue a Consorting Warning
Police must formally warn the individual that the person they are associating with is a convicted offender and that continued contact may be an offence. - Further Consorting After the Warning
If the individual continues to associate with the convicted offender after the warning, and this happens repeatedly, it may lead to criminal charges.
What Actually Counts as Consorting?
Consorting can include a wide range of interactions, such as:
- Meeting in person (public or private)
- Travelling together
- Phone calls or text messages
- Social media interactions (comments, direct messages, etc.)
- Communication through third parties in some cases
It’s important to note that consorting does not require planning or committing another offence, exchanging money, or being part of a gang. The focus is on ongoing communication or association after a police warning.
What Must Police Prove?
Consorting is dealt with under Section 93X Crimes Act in which Police must prove:
- The other person was a convicted offender as defined by law.
- A valid consorting warning was issued, including the identification of the convicted offender and the warning’s content.
- The accused continued to consort with the convicted offender after the warning.
- The consorting was habitual, meaning it occurred on multiple occasions.
- Evidence of the communications exists, such as phone records, social media messages, or police observations.
Penalties for Consorting
Consorting is a criminal offence in NSW, and the penalties can be severe. They include:
- A criminal conviction
- Fines and/or imprisonment (up to three years or 150 penalty units, or both)
- Bail conditions restricting contact with certain individuals
- Long-term impacts on employment, licensing, visas, and future sentencing if reoffending occurs
Defences and Exceptions
There are situations where consorting laws do not apply. These include:
- Family Relationships
Contact with close family members may be protected, depending on the relationship and context. For Aboriginal and Torres Strait Islander people, this includes extended family under their cultural kinship system. - Work, Education, and Training
Contact that occurs as part of lawful employment, study, or training may be exempt. - Legal Advice and Court-Related Activities
Communication necessary for legal proceedings, such as attending court or meeting with legal representatives, is generally protected. - Health, Welfare, and Support Services
Contact through legitimate health or welfare services, including counselling or rehabilitation, may be exempt. - Challenging the Warning or Evidence
A person may defend a charge by arguing that:- The warning was not properly given.
- The other person was not a convicted offender.
- The alleged communications did not occur or were not habitual.
- The evidence is unreliable or inadmissible.
What is an Official Consorting Warning?
An official warning is a formal notice from police that informs a person they are associating with a convicted offender and that continued contact may result in criminal charges. Warnings can be given verbally or in writing, and they remain valid for:
- Six months if the person warned is under 18 years old.
- Two years for all other individuals.
Practical Tips for Dealing with a Consorting Warning
If you receive a consorting warning, it’s important to:
- Ask the police officer to clarify who the warning relates to.
- Avoid further contact with the person until you fully understand the situation.
- Keep a record of the warning, including what was said, when, and by whom (if it is safe to do so).
Common Misconceptions About Consorting Laws
- “Consorting means committing a crime together.”
Not true. The offence is about continued association after a warning, even if no other crime is committed. - “Online communication doesn’t count.”
False. Online interactions, such as social media messages, can be considered consorting. - “Police must prove you knew the person was a convicted offender.”
Incorrect. The warning itself is designed to inform you of this.
Practical Examples of Consorting
- Risk of Offence: A person is warned not to associate with a convicted offender. Two weeks later, they are observed meeting the offender multiple times and exchanging messages. This could be considered habitual consorting.
- Possible Exception: A person works with a convicted offender on a construction site. Continued contact strictly within work duties may fall under an exception.
- Evidence Issue: Police allege repeated contact but only have one observation and no corroborating evidence. The habitual nature of the consorting could be challenged.
Final Thoughts
Consorting laws in NSW are complex and fact-specific. If you receive a consorting warning or are charged with an offence, it’s crucial to seek legal advice early from a qualified Criminal Lawyer. Reviewing the warning, evidence, and any potential defences can make a significant difference in the outcome.
For more information or assistance with consorting matters, contact our experienced legal team. We can help you navigate the complexities of the law and protect your rights.