Local Court Bench Book — Specific Penalties and Orders

This table of maximum penalties is populated using Lawcodes data. For more information, see Changes to Specific Penalties and Orders at the end of the introduction.

Jurisdiction

Section 207(1): Proceedings for an offence against this Act or the regulations may be dealt with summarily before the Local Court.

Section 207(2): Nothing prevents proceedings for an offence against this Act or the regulations from being brought against a person who has ceased to be a member of the NSW Police Force, but who was such a member when the offence was allegedly committed.

Section 207(3): If an offence against this Act is an indictable offence, the Local Court may nevertheless hear and determine the proceedings in respect of such an offence if the court is satisfied that it is proper to do so and the defendant and prosecutor consent.

Section 207(4): If, in accordance with s 207(3), the Local Court convicts a person of such an offence, the maximum penalty that the court may impose is 50 pu or imprisonment for 2 yrs, or both.

Time for commencement

Sections 167A(3) and 206(4A): Proceedings for an offence against these sections may be instituted at any time within 2 yrs after the offence is alleged to have been committed.

Note:

Where applicable, the maximum penalty for an offence dealt with on indictment is indicated in square brackets in the Penalty (Max) column.

Protection from personal liability for police officers

Section 213: Police are not liable for any injury or damage caused by any act or omission in the exercise in good faith of a function conferred or imposed by the Police Act 1990 or any other Act or law (whether written or unwritten).