Law Part Codes and Law Part Modifier Codes in indictments

The Law Part Code and Law Part Modifier Code in indictments indicate exactly what offence is being dealt with.

Law Part Code refers to the substantive offence. Law Part Modifier Code is required when there are derivative offences — including inchoate offences such as attempt, conspiracy and incitement, or where the Crown relies upon accessorial liability such as accessory before the fact, aid and abet, and accessory after the fact.

The offender can be liable even if the substantive offence did not occur. The identification of derivative offences is an important factor in determining the seriousness of the offence. While inchoate offences and accessorial liability usually (but not always) attract the same statutory maximum penalty as the substantive offence, it is relevant to take into account at sentence that the offence was not completed and/or the offender's role in the offence. In most cases, an accessory after the fact to the substantive offence will receive a lesser sentence than the principal offender.

It is important to ensure that the Law Part Code and Law Part Modifier Code in indictments are detailed and accurate, as they will be entered into JusticeLink and later sent to BOCSAR for producing reports on crime statistics, and to the Judicial Commission of NSW for use in the Judicial Information Research System (JIRS). The sentencing information in JIRS provides an essential decision-making tool for the entire NSW justice sector.

How to specify codes in an indictment

After each count in the indictment:

1

Specify the Law Part Code for the substantive offence — this must be valid at the offence date.

If the charge is a derivative offence, specify two modifier codes:

2

The first should be the specific Law Part Code that modifies the offence — for example, Law Part Code 41445 for an attempt under s 11.1(1) of the Criminal Code Act 1995 (Cth), or Law Part Code 1101 for an attempt under s 344A of the Crimes Act 1900.

3

The second should be the generic Law Part Modifier Code for use in JusticeLink — for example, 48 meaning Attempted.

Commonly used generic Law Part Modifier Codes See the reference data page for the full list of Law Part Modifier Codes accepted by JusticeLink

15Accessory after the fact to an offence 3Accessory after the fact to an attempted offence 46Accessory before the fact to an offence 47Accessory before the fact to an attempted offence 71Aid, abet, counsel or procure an offence 72Aid, abet, counsel or procure an attempted offence 42Aid and/or abet an offence 16Aid and/or abet an attempted offence 48Attempted
44Be knowingly concerned in an offence 45Be knowingly concerned in an attempted offence 51Conspiracy to commit an offence 13Conspiracy to commit an attempted offence 54Counsel an offence 57Counsel an attempted offence 69Deemed supply prohibited drug
50Incite to commit an offence 60Incite to commit an attempted offence 76 Joint commission to an offence 79 Joint commission to an attempted offence 74 Principal in second degree to a serious indictable offence 75 Principal in second degree to an attempted serious offence 63 Procure an offence 67 Procure an attempted offence 49 Solicit an offence 68 Solicit an attempted offence

Special cases

Built-in modifiers: Some substantive Law Part Codes already include a modifier — for example, Law Part Code 1104 accessory after the fact to murder under s 349(1) of the Crimes Act 1900. A modifier code is not required for these offences.

Modifier-only codes: Some Law Part Codes represent the modifier only and do not describe the substantive offence — for example, Law Part Code 35349 accessory after the fact to a serious indictable offence under s 350 of the Crimes Act 1900. In these cases, use the relevant Law Part Code for the substantive offence, Law Part Code 35349 as the first modifier code, and generic Law Part Modifier Code 15 as the second modifier code.

Amended offences: If an offence in the indictment has been amended, it may be necessary to amend the Law Part Code and Law Part Modifier Code accordingly.