Concealing a Serious Indictable Offence (NSW)

In New South Wales it is an offence to ‘conceal’ or not report a serious indictable offence. A serious indictable offence is any offence which carries a maximum penalty of 5 years or more. 

To be found guilty of this offence, a person doesn’t necessarily have to actively conceal or hide something from police. Failing to report a matter or provide information may be enough. A person may be charged with this offence where they know or believe a person has committed a serious indictable offence, the information they have might assist police and they fail to report that to police. 

The offence carries a maximum penalty of 2, 3 or 5 years imprisonment depending on how serious the offence concealed is.

What is the Offence of Concealing a Serious Indictable Offence?

The offence of Concealing a Serious Indictable Offence is contained in section 316 of the Crimes Act 1900 (NSW) which states:

1. An adult—
   • (a) who knows or believes that a serious indictable offence has been committed by another person, and
   • (b) who knows or believes that he or she has information that might be of material assistance in securing the apprehension of the offender or the prosecution or conviction of the offender for that offence, and
   • (c) who fails without reasonable excuse to bring that information to the attention of a member of the NSW Police Force or other appropriate authority, is guilty of an offence.

: Maximum penalty–Imprisonment for–

• (a) 2 years–if the maximum penalty for the serious indictable offence is not more than 10 years imprisonment, or
• (b) 3 years–if the maximum penalty for the serious indictable offence is more than 10 years imprisonment but not more than 20 years imprisonment, or
• (c) 5 years–if the maximum penalty for the serious indictable offence is more than 20 years imprisonment.

As detailed above, a serious indictable offence is any offence which carries a maximum penalty of 5 years or more. Some examples of serious indictable offences include Assault Occasioning Actual Bodily Harm, Intimidation, Larceny, Fraud, Drug Supply and most Sexual Offences. 

The section also provides that a reasonable excuse for failing to report information to police exists where a person believes that an adult victim of a sexual or domestic violence offence does not want the information reported. This is not the only kind of reasonable excuse that can be relied on but is one of them. 

The following acts may constitute an offence of Concealing a Serious Indictable Offence:

• Seeing your friend selling drugs to other persons but not reporting that to police;
• Finding Child Abuse Material on a colleague’s computer but not reporting that to police; and
• Witnessing a robbery, including seeing the face of the robber, and not wanting to report that to police as you don’t want to be involved.

What Must be Proven?

For a person to be found guilty of Concealing a Serious Indictable Offence the prosecution must prove each of the following matters beyond a reasonable doubt:

• You are an adult;
• You know or believe a serious indictable offence had been committed by another person;
• You know or believe that the information you have might be of material assistance to police in either:
  • securing the apprehension of the offender; or
  • prosecuting the offender; or
  • convicting the offender;
• You did not bring that information to the attention of an NSW Police Member or other appropriate authority; and
• You had no reasonable excuse.

If the prosecution does not prove every single one of the above elements, you will be found not guilty. 

Which Court Will Hear the Matter?

This offence is Table 1 offence, which means the matter will be finalised in the Local Court either the Prosecution or the Accused can elect to have it dealt with in the District Court. 

Possible Defences to Concealing a Serious Indictable Offence

The following defences may be available:

• That you are a child;
• That you did not know or believe an offence had been committed;
• That the offence you knew or believed had been committed was not a serious indictable offence;
• That you did not know or believe that the information might be of material assistance in either securing the apprehension of the offender, prosecuting them or convicting them;
• That you did bring the information to the attention of a member of the NSW Police Force or other appropriate authority;
• That you had a reasonable excuse; or
• to raise the defence of duress or necessity.

Common Questions about Concealing a Serious Indictable Offence

Will I receive a criminal conviction?

Probably. Where a person pleads guilty or is found guilty, a conviction and criminal record for this offence is likely. However, it may be possible to avoid a conviction. If a person was to plead not guilty and was acquitted, they would not receive a conviction. 

In NSW, a Court can impose any of the following penalties for this charge.

• Gaol Sentence
• Intensive Corrections Order (ICO)
• Community Corrections Orders (CCO)
• Conditional Release Order with conviction (CRO)
• Fine
• Conditional Release Order without conviction (CRO)
• S10A
• Section 10 

The consequences of a conviction can be serious depending upon what a person does for a living. Some jobs require no criminal convictions, and a conviction might jeopardise a person’s employment or make it difficult to obtain visas for overseas travel. 

Will I go to Gaol?

Possibly. Whether a person will receive a Gaol sentence depends on many factors including whether they plead or are found guilty, the circumstances of the offence itself (and the offence they have concealed), any prior criminal history and the person’s own circumstances. 

If you require legal advice or representation in any legal matter, please contact Armstrong Legal.