Criminal Code Infringement FAQs
The below information is also available in the following languages:
Arabic, Dari, Dinka, Farsi, Malay, Punjabi, Swahili, Turkish, Urdu
What is a CCIN?
A CCIN is a Criminal Code Infringement Notice that will be issued to offenders for nominated minor criminal offences.
What are the Offences?
Criminal Code s378 – Stealing where the value of the stolen goods is under $500.00
Criminal Code s74A (2) – Disorderly Behaviour
How much will I have to pay?
The modified penalty for a CCIN offence is $500.00
What is a modified penalty?
A modified penalty is the prescribed amount that an alleged offender must pay if he or she wants the matter to be dealt with out of Court. The modified penalty is less than the prescribed penalty for the offence.
How old do I have to be to get a CCIN?
A CCIN can be issued to alleged offenders 17 years and older.
Why are Police now issuing CCIN?
Legislation under the Criminal Code Amendment (Infringement Notices) Act 2011 now enables the Western Australia Police Force to issue an infringement as an alternative option to deal with Criminal Conduct and the WA Police Force must enforce the Law. In the past Police have taken offenders to the Station to be charged.
This process removes Police from the streets. Issuing a CCIN will allow Officers to remain on the streets protecting the community and reduce the number of minor criminal offence appearances in Courts.
What happens if I am issued a CCIN?
The investigating officer will speak with you about the incident and take your details. Your fingerprints and photograph may be taken at the same time. If eligible you will be advised that a CCIN will be issued.
This is my first offence will I get a criminal record as a result of this CCIN?
If this is your first offence and the infringement is paid in full no criminal conviction will be recorded.
What happens if I have a previous record for similar offences?
Issuing of a CCIN is not mandatory and the investigating officer will use his/her discretion as to the appropriate course of action for the incident, this may involve a Court appearance.
How do I pay if I have been issued a CCIN?
Payment options are listed on the infringement notice and include;
- In Person at Australia Post
- By Post
- By Telephone
What will happen if I do not pay the infringement on time?
If full payment is not received in 28 days, a Final Demand Notice will be sent to you with added costs. The Final Demand Notice must be paid within 28 days of the issue date on the notice.
If payment is not received by the due date stipulated on the Final Demand Notice, the infringement will be registered at the Fine Enforcement Registry, which carries further costs and possible suspension of your vehicle and/or drivers licence.
Your details may be published on a website; your vehicle may be immobilised or have its number plates removed; and your property may be seized and sold.
What is the additional cost?
The additional cost relates to administration and postage charges for the final demand notice. Further costs will be applied if the modified penalty remains unpaid and the infringement is referred to the Fines Enforcement Registry.
Can I make part payments?
No, Legislation dictates that payment must be made in full.
Can I seek a review of a CCIN?
Yes, adjudication of the infringement may be sought by applying in writing to Infringement Management & Operations, refer to the address on the back of the infringement notice.
May I elect to go to Court and what happens if I do?
You can elect to go to Court. You should complete the Elect to Court section of the Infringement Notice and post it to Infringement Management & Operations Unit at the address contained on the form.
My fingerprints were taken what happens to those?
Once the infringement has been paid in full you can write to the Commissioner of Police and ask that your fingerprints relating to the CCIN incident be removed from the Police database.
Can I seek Legal Advice?