In the state of New South Wales, Section 333 Criminal Procedure Act 1986 (NSW) gives the police ‘Discretion’ to issue a Penalty Notice (fine) to people who commit offences which fall under the ‘Penalty Notice Offence’ umbrella.
Schedule 4 of the Criminal Procedure Regulation 2017 (NSW) is the legislation which prescribes all the Penalty Notice-based offences, and this includes offences with respect to ‘Drug Possession.’
As of January 2019, a Police Officer can issue a person with an ‘on the spot fine’ (penalty notice) for the amount of $400 if:
1. The person is found to be in ‘Possession of a Prohibited Drug’; AND
2. If the Drug is MDMA/Ecstasy in capsule form, with a weight of not more than 0.25g; OR
3. If the Drug is MDMA/Ecstasy in any other form, weighing less than 0.75g; OR
4. If any other Prohibited Drug, weighing not more than the ‘’Small Quantity’’
It should be noted that police have ‘discretion’ to issue an on the spot fine.
This simply means that whether a police officer wants to issue a fine or not is completely a matter for the officer at the scene. If the officer does not wish to issue an on the spot fine, the officer can issue the person with a Court Attendance Notice at which point a court date will be allocated for the matter and that person (or defendant) would be required to attend Court.
Our team of experienced solicitors are there for you and can help you answer all your questions, so be sure to contact Nicopoulos Sabbagh Lawyers.
*This article correctly reflects the Laws of NSW as at 25th May 2022.
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