What is a Criminal Infringement Notice or CIN?
A Criminal Infringement Notice or CIN is essentially an infringement notice or a ‘on the spot’ fine or ticket for certain offences.
Is a CIN a criminal conviction?
A CIN is not a matter that will automatically result in a recording of a criminal conviction, UNLESS you apply to appeal the ticket or have the matter heard at court.
A conviction at court will result in a criminal conviction and therefore, a criminal record of conviction. It is important to understand that a record of the CIN is made but no conviction is recorded for the purposes of a criminal record check.
What offences fall under a CIN?
- Stealing (small amount)
- Offensive Language
- Offensive Behaviour
- Unlawful entry of a vehicle/boat
- Obstruct Traffic
- Goods in Custody
- Continuation of intoxicated and disorderly behaviour following move on direction
- Drug Possession (if the drug in your possession does not exceed the small quantity)
- Low Range PCA Offences
- Drive with an illicit drug present in your blood or oral fluid
- Custody of a Knife – first offence Only
- Enter private dwelling to hunt animal without the consent of the owner
What happens if you don’t pay the notice?
The State Debt Recovery Office (SDRO) will issue you a second reminder notice. If you don’t pay this within 28 days, your fine will be enforced. SDRO will then issue an enforcement order, with a $50 cost added to the fine.
You can’t afford to pay the fine? What should you do?
You can pay the fine in instalments over two months, as long as it is paid in full by the due date on the penalty reminder notice. If you receive government benefits you can ask the SDRO to enforce your fine and then have payments made directly out of your Centrelink benefits. If your fine is enforced this way, you do not have to pay the $50 enforcement cost.
Can I seek a review of the Criminal Infringement Notice?
Yes, like an infringement notice you can request a review of that notice with the Police or through the SDRO. You can also choose to defend the notice in court.
Before deciding to have your Criminal Infringement Notice decided in Court it is important to seek legal advice, as the Court does have the power to convict you of the offence, which would result in you receiving a criminal record.
Court Election of CINs?
You should obtain careful legal advice from a qualified solicitor before considering this option. As stated previously if you elect to have your fine heard at court and you are convicted (this includes a fine) the matter will appear as a criminal conviction and may affect future employment.