What is a Criminal Infringement Notice (CIN) in New South Wales?
A CIN is an alternative option available to NSW Police instead of sending you to Court. You must satisfy certain requirements such as being an adult, not continuing to commit the offence or being too intoxicated to understand the CIN.
What Offences can NSW Police issue a CIN for?
Offences that can be dealt with by a CIN instead of going through the court process are generally less serious offences. The following are examples of the types of offences that are routinely dealt with under the CIN scheme:
- Larceny (if value is under $300)
- Custody of a Knife in a Public Place (in some circumstances)
- Goods in Custody
- Offensive Behaviour
- Obstructing Traffic
- Unauthorised entry of vehicle/boat
- Continuation of intoxicated and disorderly behaviour after being issued a move on direction.
- Possessing a prohibited drug (depending on the amount of prohibited drug).
However, it is important to note that Police officers have a discretion whether to send you to Court or issue a CIN. Just because it can be dealt with by CIN does not mean it must be dealt with CIN.
Recent changes to CINs and drug-related offences
In early 2024, the NSW Government implemented changes on how NSW Police deal with individuals found in possession of small amounts of prohibited drugs.
What Drugs Are Covered?
Common drugs dealt with by CIN include:
- 3,4-Methylenedioxymethylamphetamine (also known as “MDMA”, “ecstasy”, “caps” or “molly”, among other names).
- Cocaine.
- LSD.
- Ketamine.
- Methylamphetamine (commonly known as “ice” or “speed”).
- Heroin.
However, CINs can only be issued if certain requirements are met. You must be an adult, the illegal drug in question must be for personal use only, and it must be less than a certain amount. The table below sets out the relevant amount for some of the most common prohibited drugs:
| Prohibited Drug | Quantity |
| MDMA / ecstasy (in capsule form) | 0.25 g |
| MDMA / ecstasy (in any other form) | 0.75 g |
| Cocaine | 1.00 g |
| Ice / speed | 1.00 g |
| Ketamine | 2.50 g |
| LSD | 0.0008 g |
| Heroin | 1.00 g |
As you can see, CINs are only intended to deal with individuals who have very small quantities of the prohibited drug in their possession. Anything more will result in criminal charges.
What is the CIN penalty for possessing drugs?
As of September 2024, if you receive a CIN for possessing a small amount of a prohibited drug, the fine is $400.
Do Police have to give me a fine instead of sending me to Court?
As alluded to above, while the new scheme aims to divert people away from the criminal justice system if you are found in possession of a small amount of a prohibited drug, NSW Police have the discretion to issue a fine or a court attendance notice.
Further, if you are repeatedly found in possession of a small quantity of a prohibited drug, NSW Police will give you a court attendance notice for the appropriate punishment to be decided by the Court.
What does a CIN mean for me in future?
Being issued or paying a criminal infringement notice does not mean that you have a criminal record. This is the major difference between being charged with drug possession.
Can I still elect to take the matter to Court?
Yes, if you do not believe that you are not guilty of the offence, you can still elect to take the matter to the Court. However, you expose yourself to a criminal conviction and more severe penalties if you are found guilty in court. The court can impose a maximum penalty of two years imprisonment or a fine of $2,200, or both.
How Can Conditsis Lawyers help me if I have received a CIN?
Once you elect to take a fine to Court, you cannot change your mind. Therefore, it is important that you speak with an experienced lawyer to assist you with making informed decisions.
Our Criminal Law team can assist in answering your questions and helping you through the process if you have received a criminal infringement notice. Call us to book a personalised consultation (02) 4324 5688.
