Class 5 - Criminal proceedings

Proceeedings

Proceedings in Class 5 involve summary criminal enforcement proceedings, usually by government authorities prosecuting offences against planning or environmental laws.

Class 5 prosecutions are heard by a judge without a jury.

Practice and procedure

Practice and procedure in Class 5 matters can be found in Practice Note Class 5 proceedings. (PDF , 218.7 KB)

Fast facts

Of the new prosecutions commenced in 2022:

• 41% were by the Environment Protection Authority
• 4% were by local councils
• 27% were by the Department of Planning and Environment
  
• 31% were by the Natural Resources Access Regulator.
  

Of the prosecutions determined by the Court in 2022:

• 29% involved a guilty plea
• 50% involved a not guilty plea
• 21% involved no plea.
  

Of the prosecutions determined by the Court in 2022:

• 27% resulted in a conviction
• 5% resulted in an acquittal
• 68% were withdrawn by the prosecutor.

The penalties imposed included fines, orders to pay clean up or investigation costs, publication orders and environmental service orders. Fines ranged from $10,000 to $540,000.

In 2022, 55% of Class 5 prosecutions were finalised within 16 months of commencement. The median completion time was 477 days.