Class 5: criminal proceedings                


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 in Class 5 matters can be found in Practice Note Class 5 proceedings.




Fast facts                


In 2014, Class 5 prosecutions were 4% of the Court's finalised caseload.

Of the new prosecutions commenced in 2014: 

41% were by the Environment Protection Authority or Office of Environment and Heritage

51% were by local councils

8% were by the Division of Planning and Infrastructure. 

Of the prosecutions determined by the Court in 2014:

75% involved  a guilty plea

25% involved a not guilty plea

Of the prosecutions determined by the Court in 2014:

79% resulted in a conviction

21% resulted in an acquittal

The penalties imposed included fines, orders to pay clean up or investigation costs, publication orders and environmental service orders. Fines ranged from $9,500 to $175,000.

In 2014, 71% of Class 5 prosecutions were finalised within 16 months of commencement. The median completion time was 280 days.

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