CRIMINAL PROCEDURE ACT 1986 - SCHEDULE 1

SCHEDULE 1 – Indictable offences triable summarily

Table 1A - General provisions

1A Interpretation: value of property

For the purposes of this Schedule, a reference to the amount of damage to property in connection with a charge for an offence against section 195 or 197 of the Crimes Act 1900 is a reference to the total value of the property where the damage consists of removing, obliterating, defacing or altering the unique identifier of the property.

Table 1 - Indictable offences that are to be dealt with summarily unless prosecutor or person charged elects otherwise

Part 1 - Offences against the person under Crimes Act 1900

1 Offences against the person where victim 14 years of age or over

An offence under section 61E, 66C (1) (as in force before the commencement of Schedule 1 [9[#93] to the Crimes Amendment (Sexual Offences) Act 2003 ), 66C (3) (as in force after the commencement of Schedule 1 [9[#93] to the Crimes Amendment (Sexual Offences) Act 2003 ), 66D, 71, 72, 76, 76A or 81 of the Crimes Act 1900 where the person against whom the offence was committed was at the time of the commission of the offence of or above the age of 14 years.

2 Other offences against the person

An offence under section 31, 31C, 33B (1), 35, 35A (1), 37 (1A), 37 (1), 39, 41, 41A, 41C, 43, 43A, 43B, 44, 49, 51A, 52A (other than an offence by which death was occasioned), 52B (other than an offence by which death was occasioned), 53, 54, 55, 57, 60 (2) or (2A), 60A (2), 60A(2A), 60AD(4) and (5), 60AE(4) and (5), 60E (2), 60G(2), 61KD, 61M, 61O (2) or (2A), 66DA, 66DB, 66DC, 66DF, 66EB, 78Q, 80, 81A, 81B, 81C, 85 (where the person charged is the mother of the child and is not charged with any other person), 90, 91, 91A, 91B, 91H, 91J (3), 91K (3), 91L (3), 92, 93 or 316A of the Crimes Act 1900 .

Part 2 - Offences relating to property under Crimes Act 1900 or common law

3 Larceny and other offences exceeding $5,000

Any of the following offences where the value of the property, matter or thing, or the damage, or the amount of money or reward, in respect of which the offence is charged exceeds $5,000--

(a) larceny, or

(b) an offence of stealing any chattel, money or valuable security from another person (eg section 94 (b) of the Crimes Act 1900 ), or

(c) an offence under section 3B, 125, 126, 131, 132, 133, 139, 140, 148, 150, 151, 152, 156, 157, 158, 159, 160, 178A, 178B, 178BA, 178BB, 178C, 179, 184, 185, 185A, 186, 188, 189, 189A, 190, 192, 193B (3), 193BA(3), 193C or 195 of the Crimes Act 1900 .

3A Robbery

An offence under section 94 (a) of the Crimes Act 1900 .

4 Offences taken to be, or punishable as, larceny or stealing

Any offence that under the Crimes Act 1900 is taken to be, or is made punishable as, larceny or stealing (other than an offence under section 125, 139, 140 or 154A of that Act).

4A Fraud and related offences

An offence under Part 4AA of the Crimes Act 1900 .

5 Breaking and entering place of Divine worship with intent to commit serious indictable offence

An offence under section 107 (1) of the Crimes Act 1900 .

6 Breaking out of dwelling-house after committing, or entering with intent to commit, indictable offence

An offence under section 109 (1) of the Crimes Act 1900 where--

(a) the serious indictable offence intended is stealing or intentionally or recklessly destroying or damaging property, or

(b) the serious indictable offence alleged is stealing or intentionally or recklessly destroying or damaging property and the value of the property stolen or destroyed, or the value of the damage to the property, does not exceed $60,000.

7 Entering dwelling-house or breaking etc into any house etc with intent to commit serious indictable offence

An offence under section 111 (1) or 113 (1) of the Crimes Act 1900 where the serious indictable offence intended is stealing or intentionally or recklessly destroying or damaging property.

8 Breaking etc into any house etc and committing serious indictable offence

An offence under section 112 (1) of the Crimes Act 1900 where--

(a) the serious indictable offence alleged is stealing or intentionally or recklessly destroying or damaging property, and

(b) the value of the property stolen or destroyed, or the value of the damage to the property, does not exceed $60,000.

8A Breaking and entering in company

An offence under section 109 (2), 111 (2), 112 (2) or 113 (2) of the Crimes Act 1900 where--
(a) the serious indictable offence alleged is stealing or intentionally or recklessly destroying or damaging property, and

(b) the value of the property stolen or destroyed, or the value of the damage to the property, does not exceed $60,000, and

(c) the only circumstance of aggravation is that the alleged offender is in the company of another person or persons.

9 Other property offences

An offence under section 99, 100, 100A, 102, 114 (1) (a), (c) and (d), 115, 135, 138, 153, 154AA, 154B (1), 154C, 154D, 154F, 165, 166, 168, 169, 170, 172, 173, 174, 175, 176, 176A, 181, 184A, 196, 197, 199, 200, 201, 202, 203 or 203C of the Crimes Act 1900 .

9A Bushfires

An offence under section 203E of the Crimes Act 1900 .

Part 3 - Other offences under Crimes Act 1900 or the common law

10 Offences relating to public order

An offence under section 93B or 93C of the Crimes Act 1900 .

10A Offences relating to contamination of goods

An offence under section 93IB, 93IC or 93ID (or section 93K, 93L or 93M) of the Crimes Act 1900 .

10B Offences relating to bomb and other hoaxes

An offence under section 93IH or 93II (or section 93Q or 93R) of the Crimes Act 1900 .

10C Offences relating to participation in criminal groups

An offence under section 93IK (2) or (3) (or section 93T (1A), (2), (3) or (4A)) of the Crimes Act 1900 .

10CA Publicly threatening or inciting violence on grounds of race, religion, sexual orientation, gender identity or intersex or HIV/AIDS status

An offence under section 93Z of the Crimes Act 1900 .

10D Identity offences

An offence under Part 4AB of the Crimes Act 1900 (other than under section 192L).

11 Offences relating to transport services

An offence under section 207, 208 (4), 209, 210, 212 or 213 of the Crimes Act 1900 .

12 Corrupt practices

(1) An offence under section 249B, 249D or 249E of the Crimes Act 1900 , or an offence under section 249F of that Act of aiding, abetting, counselling, procuring, soliciting or inciting such an offence, where the benefit in respect of which the offence is charged exceeds $5,000.

(2) An offence under section 249C of the Crimes Act 1900 or an offence under section 249F of that Act of aiding, abetting, counselling, procuring, soliciting or inciting such an offence.

12A Blackmail

An offence under section 249K of the Crimes Act 1900 .

12B Forgery and related offences

An offence under Part 5 of the Crimes Act 1900 (other than under section 256 (2) or (3)).

13 False instruments

An offence under section 300, 301 or 302 of the Crimes Act 1900 (other than an offence listed in clause 4B of Table 2 to this Schedule) or an offence under section 302A of that Act.

14 Offences relating to computers

An offence under section 308C (where the serious indictable offence to be committed is punishable by imprisonment for 10 years or less), 308D, 308E, 308F or 308G of the Crimes Act 1900 .

15 Public justice offences

(1) Public justice offences not involving intent to procure conviction or acquittal An offence under section 321, 322(1), 323 or 333 (1) of the Crimes Act 1900 unless the person charged intended to procure the conviction or acquittal of any person of any serious indictable offence.

(2) Other public justice offences An offence under section 314, 315, 315A, 316, 317, 319, 325, 326, 327, 330, 335, 336 or 337 of the Crimes Act 1900 .

15A Offence relating to recruiting children

An offence under section 351A of the Crimes Act 1900 .

16 Escape from lawful custody

(1) Escape from lawful custody.

(2) An offence under section 358C of the Crimes Act 1900 .

(3) Any offence under Part 6A (other than an offence arising under section 310B of the Crimes Act 1900 ).

16A Failing to stop and assist after road accident

An offence under section 52AB of the Crimes Act 1900 .

16B Impersonating police officers

An offence under section 546D (2) of the Crimes Act 1900 .

16C False imprisonment

The common law offence of false imprisonment.

16D Cheating at gambling

An offence under section 193N, 193O, 193P or 193Q (1) or (2) of the Crimes Act 1900 .

16E Knives in public places or schools

An offence under the Crimes Act 1900 , section 93IB or 93IC.

16F Performance crime offences

An offence under the Crimes Act 1900 , section 154K, if the motor theft offence or breaking and entering offence that underlies the offence is already prescribed as an offence under this Table.

Part 4 - Offences under certain other Acts

18AA Conveyancers Licensing Act 2003

An offence under section 152 of the Conveyancers Licensing Act 2003 where the amount of money in respect of which the offence is charged exceeds $5,000 or an offence under section 153 of that Act where the account in respect of which the offence is charged relates to an amount that exceeds $5,000.

18A Crimes (Criminal Organisations Control) Act 2012

An offence under section 26 (1A) or (1B) or 26A of the Crimes (Criminal Organisations Control) Act 2012 .

18B Crimes (Serious Crime Prevention Orders) Act 2016

An offence under section 8 of the Crimes (Serious Crime Prevention Orders) Act 2016 .

18C Criminal Procedure Act 1986

An offence under section 92 of the Criminal Procedure Act 1986 .

18D Electoral Funding Act 2018

An offence under section 144 of the Electoral Funding Act 2018 .

19 Electricity Commission Act 1950

An offence under section 76 or 81 of the Electricity Commission Act 1950 .

19A Electricity Supply Act 1995

An offence under section 64 of the Electricity Supply Act 1995 committed by an individual.

20 Financial Institutions Commission Act 1992

An offence under section 21 of the Financial Institutions Commission Act 1992 .

20AA Health Practitioner Regulation National Law (NSW)

An offence under section 113, 115, 116, 117, 118, 119, 121, 122 or 123 of the Health Practitioner Regulation National Law (NSW) .

20A Jury Act 1977

An offence under section 68A of the Jury Act 1977 .

21 Justices Act 1902

An offence under section 48H of the Justices Act 1902 .

21A Law Enforcement and National Security (Assumed Identities) Act 2010

An offence under section 33 (1) or (2) of the Law Enforcement and National Security (Assumed Identities) Act 2010 .

21B Law Enforcement (Powers and Responsibilities) Act 2002

An offence under section 87ZA of the Law Enforcement (Powers and Responsibilities) Act 2002 .

21C Legal Profession Uniform Law (NSW)

An offence under section 148 (Deficiency in trust account) or section 353 (Improperly destroying property etc.) of the Legal Profession Uniform Law (NSW) .

22 Oaths Act 1900

An offence under section 13 (2), 20, 25, 25A, 29 or 30 of the Oaths Act 1900 .

23 Petroleum (Offshore) Act 1982

An offence under section 120 of the Petroleum (Offshore) Act 1982 .

23A Point to Point Transport (Taxis and Hire Vehicles) Act 2016

An offence under section 16 of the Point to Point Transport (Taxis and Hire Vehicles) Act 2016 .

23B Police Powers (Drug Premises) Act 2001

A second or subsequent offence under section 12, 13 or 14 of the Police Powers (Drug Premises) Act 2001 .

23C Property and Stock Agents Act 2002

An offence under section 211 of the Property and Stock Agents Act 2002 where the amount of money in respect of which the offence is charged exceeds $5,000 or an offence under section 212 of that Act where the account in respect of which the offence is charged relates to an amount that exceeds $5,000.

23CA Public Health Act 2010

An offence under section 102(3) of the Public Health Act 2010 .

23CB Public Interest Disclosures Act 2022

An offence against the Public Interest Disclosures Act 2022 , section 33.

23D Royal Commissions Act 1923

An offence under section 21, 22 or 23A of the Royal Commissions Act 1923 .

23E Special Commissions of Inquiry Act 1983

An offence under section 27, 28 or 30 of the Special Commissions of Inquiry Act 1983 .

23F Sydney Opera House Trust Act 1961

An offence under section 28B of the Sydney Opera House Trust Act 1961 , or an offence under section 28C of that Act where the value of the damage exceeds $5,000.

24 Unlawful Gambling Act 1998

A second or subsequent offence under section 9, 11, 15, 19 (1), 31, 32, 33, 35 or 36 of the Unlawful Gambling Act 1998 .

24A Witness Protection Act 1995

An offence under section 32 of the Witness Protection Act 1995 .

Part 5 - Ancillary offences

26 Attempts

Attempting to commit any offence mentioned in a preceding Part of this Table.

27 Accessories

Being an accessory before or after the fact to any offence mentioned in a preceding Part of this Table (if the offence is a serious indictable offence).

28 Abettors

Aiding, abetting, counselling or procuring the commission of any offence mentioned in a preceding Part of this Table (if the offence is a minor indictable offence).

28A Conspiracies

Conspiring to commit any offence mentioned in a preceding Part of this Table.

28B Incitement

Inciting the commission of any offence mentioned in a preceding Part of this Table.

Part 6 - Offences under Drug Misuse and Trafficking Act 1985

29 Offences involving more than small quantity but not more than indictable quantity

An offence to which section 31 (1) of the Drug Misuse and Trafficking Act 1985 applies where the number or amount of the prohibited plant or prohibited drug concerned is more than the applicable small quantity but not more than the applicable indictable quantity.

29A Supply prohibited drug involving more than indictable quantity but less than commercial quantity

An offence under section 25 (1) of the Drug Misuse and Trafficking Act 1985 where the amount of prohibited drug concerned is more than the applicable indictable quantity but less than the applicable commercial quantity.

30 Offences involving more than indictable quantity but less than commercial quantity (cannabis plant and cannabis leaf)

An offence referred to in section 32 (1) (a), (b), (c1), (d), (e) or (f) of the Drug Misuse and Trafficking Act 1985 where the offence relates to cannabis plant or cannabis leaf and the quantity of cannabis plant or cannabis leaf concerned is more than the applicable indictable quantity but less than the applicable commercial quantity.

30A Offence involving possession of precursors for manufacture or production of prohibited drugs

An offence referred to in section 24A of the Drug Misuse and Trafficking Act 1985 .

30B Offences involving possession of prohibited drug precursors

An offence referred to in section 24B of the Drug Misuse and Trafficking Act 1985 .

30C Offences involving supply of prohibited drugs on an ongoing basis

An offence under section 25A(1) of the Drug Misuse and Trafficking Act 1985 .

Part 7 - Offences relating to mining

31 Mining Act 1992

(1) An offence of mining or carrying out a mining purpose in contravention of a provision of Division 1 of Part 2 of the Mining Act 1992 .

(2) An offence under Division 2 of Part 2 of the Mining Act 1992 , where the value of the minerals to which the alleged offence relates is $5,000 or more.

32 Petroleum (Onshore) Act 1991

An offence of mining petroleum in contravention of section 7 of the Petroleum (Onshore) Act 1991 , if the value of the petroleum to which the alleged offence relates is $5,000 or more.

Table 2 - Indictable offences that are to be dealt with summarily unless prosecutor elects otherwise

Part 1 - Offences against the person under Crimes Act 1900 or Crimes (Domestic and Personal Violence) Act 2007

1 Offences against the person

An offence under section 35A (2), 49A, 51B, 56, 58, 59, 59A, 60 (1) or (1A), 60A (1), 60A(1A), 60AB, 60AD(2) and (3), 60AE(2) and (3), 60B, 60C, 60E (1) and (4), 60G(1), 61, 61KC, 61KE, 61KF, 61L, 61N, 61O (1) or (1A), 66DD, 66DE, 66EC, 73A, 91P, 91Q or 91R (1) or (2) of the Crimes Act 1900 .

2 Stalking and intimidation

An offence under section 13 of the Crimes (Domestic and Personal Violence) Act 2007 or section 545AB or 562AB of the Crimes Act 1900 .

Part 2 - Offences relating to property under Crimes Act 1900 or common law

3 Larceny and certain other property offences

Any of the following offences where the value of the property or the damage, or the amount of money or reward, in respect of which the offence is charged does not exceed $5,000--

(a) larceny,

(b) an offence of stealing any chattel, money or valuable security from another person (eg section 94 (b) of the Crimes Act 1900 ),

(c) an offence under section 3B, 125, 126, 131, 132, 133, 139, 140, 148, 150, 151, 152, 156, 157, 158, 159, 160, 178A, 178B, 178BA, 178BB, 178C, 179, 184, 185, 185A, 186, 188, 189, 189A, 190, 192, 193B (3), 193C, 195, 249B, 249D or 249E of the Crimes Act 1900 ,

(d) an offence under section 249F of the Crimes Act 1900 of aiding, abetting, counselling, procuring, soliciting or inciting an offence under section 249B, 249D or 249E of that Act.

3A Possession of implement of housebreaking

An offence under section 114 (1) (b) of the Crimes Act 1900 .

4 Other property offences

An offence under section 154A, 154H, 154I or 154J of the Crimes Act 1900 .

4A Identity offences

An offence under section 192L of the Crimes Act 1900 .

4AA Offences related to forgery

An offence under section 256 (2) or (3) of the Crimes Act 1900 .

4B False instruments

An offence under section 300, 301 or 302 of the Crimes Act 1900 where the value of the property, or amount of remuneration, greater remuneration or financial advantage, in respect of which the offence is charged does not exceed $5,000.

Part 2A - Other offences under Crimes Act 1900

4C Animal cruelty

An offence under section 530 or 531 of the Crimes Act 1900 .

4D Offences relating to participation in criminal groups

An offence under section 93IK (1) (or section 93T (1) or 93TA) of the Crimes Act 1900 .

4E Consorting

An offence under section 93X of the Crimes Act 1900 .

4F Voluntary assisted dying

An offence under the Crimes Act 1900 , section 41E.

4G Possession of dedicated encrypted criminal communication devices

An offence under the Crimes Act 1900 , section 192P.

4H Performance crime offences

An offence under the Crimes Act 1900 , section 154K, if the motor theft offence or breaking and entering offence that underlies the offence is already prescribed as an offence under this Table.

Part 3 - (Renumbered)

Part 4 - Offences relating to firearms and dangerous weapons

6 Crimes Act 1900

An offence under section 93FA (1) or (2), 93G, 93H or 93I of the Crimes Act 1900 .

7 Firearms Act 1996

An offence under section 7, 7A, 36, 43, 44A, 50, 50AA, 50A (1), 50B, 51 (1) or (2), 51A, 51BA, 51D (1), 51E, 51F, 51H, 51I, 58 (2), 62, 63, 64, 66, 70, 71A, 72 (1) or 74 (1)-(5) of the Firearms Act 1996 .

8 Weapons Prohibition Act 1998

An offence under section 7, 20, 23 (1), 23A (1), 25A (1), 25B (1), 25D, 31 or 34 of the Weapons Prohibition Act 1998 .

Part 5 - Offences relating to fires

9 Rural Fires Act 1997

An offence under section 100 (1) or (1B) of the Rural Fires Act 1997 .

Part 6 - Miscellaneous offences

10 Publishing of child pornography

An offence under section 578C (2A) of the Crimes Act 1900 .

10A Frauds concerning liens on crops and wool or stock mortgages

An offence under section 10 or 20 of the Liens on Crops and Wool and Stock Mortgages Act 1898 .

10B Unauthorised disclosure of information

An offence under section 20R (2) of the Law Enforcement (Controlled Operations) Act 1997 .

10C Trafficking in fish

An offence under section 21B of the Fisheries Management Act 1994 .

10D Conveyancers Licensing Act 2003

An offence under section 152 of the Conveyancers Licensing Act 2003 where the amount of money in respect of which the offence is charged does not exceed $5,000 or an offence under section 153 of that Act where the account in respect of which the offence is charged relates to an amount that does not exceed $5,000.

10E Property and Stock Agents Act 2002

An offence under section 211 of the Property and Stock Agents Act 2002 where the amount of money in respect of which the offence is charged does not exceed $5,000 or an offence under section 212 of that Act where the account in respect of which the offence is charged relates to an amount that does not exceed $5,000.

10F Restricted Premises Act 1943

An offence under section 8 (2A) or 9 (3) of the Restricted Premises Act 1943 .

10G Crimes (High Risk Offenders) Act 2006

An offence under section 12 of the Crimes (High Risk Offenders) Act 2006 .

10H Terrorism (High Risk Offenders) Act 2017

An offence under section 30 or 59F (2) or (3) of the Terrorism (High Risk Offenders) Act 2017 .

10I Law Enforcement (Powers and Responsibilities) Act 2002

An offence under the Law Enforcement (Powers and Responsibilities) Act 2002 , section 80O.

10J Law Enforcement (Powers and Responsibilities) Act 2002

An offence under the Law Enforcement (Powers and Responsibilities) Act 2002 , section 76AO.

Part 7 - Ancillary offences

11 Attempts

Attempting to commit any offence mentioned in a preceding Part of this Table.

12 Accessories

Being an accessory before or after the fact to any offence mentioned in a preceding Part of this Table (if the offence is a serious indictable offence).

13 Abettors

Aiding, abetting, counselling or procuring the commission of any offence mentioned in a preceding Part (other than Part 3) of this Table (if the offence is a minor indictable offence).

14 Conspiracies

Conspiring to commit any offence mentioned in a preceding Part of this Table.

15 Incitement

Inciting the commission of any offence mentioned in a preceding Part of this Table.

Part 8 - Offences relating to drugs

16 Drug Misuse and Trafficking Act 1985

An offence to which section 30 (1) of the Drug Misuse and Trafficking Act 1985 applies where the number or amount of the prohibited plant or prohibited drug concerned is not more than the applicable small quantity.

Part 9 - Offences relating to mining

17 Mining Act 1992

(2) An offence under Division 2 of Part 2 of the Mining Act 1992 , where the value of the minerals to which the alleged offence relates is less than $5,000.

18 Petroleum (Onshore) Act 1991

(1) An offence of mining petroleum in contravention of section 7 of the Petroleum (Onshore) Act 1991 , where the value of the petroleum to which the alleged offence relates is less than $5,000.

Parts 10, 11 - (Repealed)

Part 12 - Offences relating to underground electricity power lines and gas pipelines

21 Electricity Supply Act 1995

An offence under section 65 of the Electricity Supply Act 1995 committed by an individual.

22 Gas Supply Act 1996

An offence under section 66 of the Gas Supply Act 1996 committed by an individual.

Part 13 - Offences under certain other Acts

22A Child Protection (Offenders Prohibition Orders) Act 2004

An offence under section 13 of the Child Protection (Offenders Prohibition Orders) Act 2004 .

23 Child Protection (Offenders Registration) Act 2000

An offence under section 17, 18 or 19E of the Child Protection (Offenders Registration) Act 2000 .

23A Electoral Act 2017

An offence under section 95, 128, 160, 209, 210 or 212 of the Electoral Act 2017 .

24 Health Services Act 1997

An offence under section 67J (2) of the Health Services Act 1997 .

25 Surveillance Devices Act 2007

An offence under Part 2 or 5 (other than section 40 (2)) of the Surveillance Devices Act 2007 .

26 Companion Animals Act 1998

An offence under section 16 (1AB) or (1A) or 17 (1A) of the Companion Animals Act 1998 .

27 Community Gaming Act 2018

An offence under section 14 or 16 of the Community Gaming Act 2018 .

28 Criminal Assets Recovery Act 1990

An offence under the Criminal Assets Recovery Act 1990 , section 42.

29 Confiscation of Proceeds of Crime Act 1989

An offence under the Confiscation of Proceeds of Crime Act 1989 , section 67C.

All Databases

Cases & Legislation

Journals & Scholarship

Law Reform

Treaties

Libraries

Communities

LawCite

Australia

CTH

ACT

NSW

NT

QLD

SA

TAS

VIC

WA

New Zealand

Specific Year

Any

Any

CRIMINAL PROCEDURE ACT 1986 - SCHEDULE 1