Consorting

Our expert criminal lawyers for consorting offences can help you:

• Obtain bail.
• Be found not guilty.
• Receive a lenient sentence, like no conviction and no prison.

You will be represented by a team of award-winning criminal lawyers, with 500+ five-star Google reviews, who offer fixed fees and free first consultations.

You can read our reviews here.

Consorting Laws 

Australian Criminal Law Group is a team of experienced criminal defence lawyers with a track record of beating habitual consorting charges. In NSW, it is a crime for you to continue to associate with two or more people who have previously been convicted of an indictable offence if the police have previously given you a warning not to do so.  If the person consorts with at least two convicted offenders at least 2 times, then they can be charged with the offence of habitual consorting.

The offence of habitual consorting is often unfair and can impinge on human rights and freedoms because normal social interactions can be deemed a consorting offence even when there is no criminal activity taking place.  The result is that people with no prior criminal record can be arrested and convicted of a crime simply because they know people who are criminals.

Given the broad definitions in the legislation, the police have a lot of discretion in deciding if a meeting between warned individuals is committing the offence.  While implemented to target organised crime, the law is being used well beyond this intended purpose.

That’s why we fight hard to defend clients charged with habitual consorting.  We beat charges against them and, where clients chose to plead guilty, we got them the best results possible, including getting section 10, no convictions.

Legislation on Habitual Consorting NSW

The Act defines consorting as.

consort means consort in person or by any other means, including by electronic or other form of communication.

Consorting is when;

1)  A person (other than a person under the age of 14 years) who—

(a)  habitually consorts with convicted offenders, and

(b)  consorts with those convicted offenders after having been given an official warning in relation to each of those convicted offenders,

(2)  A person does not habitually consort with convicted offenders unless—

(a)  the person consorts with at least 2 convicted offenders (whether on the same or separate occasions), and

(b)  the person consorts with each convicted offender on at least 2 occasions.

(3)  An official warning is a warning given by a police officer (orally or in writing) to the effect that—

(a)  a certain person is a convicted offender, and

(b)  habitually consorting with convicted offenders is an offence.

(4)  An official warning ceases to have effect for the purposes of subsection (1)—

(a)  if the warning is given to a person under the age of 18 years—6 months after the warning is given, or

(b)  in any other case—2 years after the warning is given.

What’s the difference between Consort and Habitual Consort?

Where consort means a type of companionship or seeking companionship, “Habitual Consorting” involves 2 or more instances of consorting with 2 or more people.

Guidance regarding “habitual consorting” was added to the legislation in the 2012 changes. Previously, a lack of guidance meant “habitually consorting” was open to interpretation by the courts.  The courts previously interpreted this to mean seven or more occasions of consorting with one person within a six-month period.

“Habitually consorting” now involves a minimum of consorting with two people on at least two occasions.

What is an official warning for habitual consorting?

For an offence of habitual consorting to take place, an official warning must first be given by the police. The official warning must inform the person that they are consorting with a convicted offender and that habitually consorting with convicted offenders is an offence.

Requirements for an official warning

Any person over the age of 10 can be issued a warning.   However, there are several requirements to issue an ‘official warning’.  They are as follows;

• An official warning can be given in writing or orally by a police officer. However, all oral warnings must be confirmed in writing in an approved form within 72 hours otherwise they lapse.
• There is no statutory time limit governing the time frame during which an official warning is valid. Official warnings can be issued by police before an incident of consorting has been observed, at the time consorting takes place following the incident of consorting.
• There is no express power for police officers to detain a person for the purposes of giving an official warning
• To give an official warning, the police officer must first consider the objective of the habitual consorting laws and whether it is appropriate to give the warning. The objective of the offence is to disrupt and prevent criminal activity by deterring recognised offenders from establishing, maintaining, or expanding a criminal network.

Normally, an official warning will remain in effect for 2 years from the date it was issued.   However, if the person is under 18 years of age, the warning will remain in effect for 6 months after it is given.

Pleading not guilty 

If you choose to plead not guilty to habitual consorting, the prosecution must prove beyond a reasonable doubt that;

• Your conduct was habitual consorting
• The conduct occurred with each recognised offender; and
• The consorting happened after an ‘official warning’ was issued by the police

You can read more information about pleading not guilty here.

Particular acts of consorting must be disregarded if they are reasonable in the circumstances. Reasonable circumstances to disregard consorting offences include associations with family members, as part of lawful employment, and education.   A full list, as per the Crimes Act 1900 is listed following.

Reasonable circumstances are outlined in the Crimes Act as:

1. consorting with family members,
2. consorting that occurs in the course of lawful employment or the lawful operation of a business,
3. consorting that occurs in the course of training or education,
4. consorting that occurs in the course of the provision of a health service or welfare service,
5. consorting that occurs in the course of the provision of legal advice,
6. consorting that occurs in lawful custody or in the course of complying with a court order.
7. consorting that occurs in the course of complying with an order granted by the Parole Authority, or
8. a case plan, direction or recommendation by a member of staff of Corrective Services NSW
9. consorting that occurs in the course of providing transitional, crisis or emergency accommodation.

 Family member includes a new definition for defendants who are an Aboriginal person or Torres Strait Islander.  For them, a Family member includes a person who is or has been part of the defendant’s extended family or kin, according to the defendant’s indigenous kinship system.

Pleading Guilty 

If you committed the offence and the prosecution can prove so, you should plead guilty to the charges you’re guilty of.  Pleading guilty early can lead to better outcomes, including more favourable sentencing and lenient penalties.

The maximum penalty for consorting is either three years in prison or a $33,000 fine or both.

Even if you plead guilty, we will fight to get you the best results possible.  We will often negotiate with prosecutors for you to plead guilty to less serious facts, or even a less serious charge, so that you get a lighter sentence.

We regularly get clients the best possible outcomes for charges of habitual consorting.  This includes no convictions.

You can read more about pleading guilty here.

Do I need references?

We believe references are an extremely important part of a plea of guilty in court. Read about court processes and how to write a good character reference.

Contact Australian Criminal Law Group

Our criminal lawyers, with 500+ five-star Google reviews, can beat your consorting charge or obtain a lenient sentence for you if you plead guilty.

Call us on (02) 8815 8167 for your free first conference or submit a website enquiry.

Source

Crimes Act 1900 No 40, Part 3A, Division 7, the current version for 1 April 2022 (accessed 14 April 2022)

This information is intended as a general guide to law only.  It should not be relied on as legal advice and it is recommended that you speak with a qualified lawyer about your situation.

Australian Criminal Law Group and its suppliers make every reasonable effort to ensure the accuracy and validity of the information provided on its web pages. At the time of updating, this information was correct, however, given the laws in NSW and Australia are continually changing, the Australian Criminal Law Group makes no warranties or representations as to its accuracy.