The use of penalty notices for first time drink- and drug-driving offences in NSW

By Neil Donnelly and Sara Rahman

AIM To understand whether the introduction of penalty notices in New South Wales (NSW) for first time low, special and novice range drink-driving and drug-driving offences reduced the number of court appearances and increased the certainty of licence sanctions for these offences. METHOD Data was obtained from the NSW Police Force’s Computerised Operational Policing System (COPS) for all first time low, special and novice range exceed the prescribed concentration of alcohol (PCA) incidents and first time drug-driving incidents occurring between 5 December 2016 to 1 March 2020. We used a combination of interrupted time series analysis, and descriptive analysis respectively to determine the changes in CANs and dismissals post-reform. We used logistic regression to identify significant correlates of receiving a penalty notice among the first time PCA and drug-driving offenders in our sample. RESULTS The introduction of penalty notices significantly reduced the number of CANs issued for first time low, special and novice range PCA offences by 81.0%, or 4,779 fewer CANs than predicted. For first time drug-driving there was a significant, though smaller (29.8%) reduction in CANs (or 1,118 fewer CANs issued). These changes also translated into decreases in court dismissals and conditional discharges. Among first time low, special and novice range PCA offenders, the percentage receiving a court dismissal or conditional discharge decreased from 51.5% to 8.0% while among first time drug-driving offenders it decreased from 28.0% to 15.2%. Among both first time low, special and novice range PCA offenders and drug-driving offenders, having no concurrent offences and no prior proceedings to court in the previous 5 years predicted receipt of a penalty notice. The smaller reduction in court appearances for drug-driving was primarily due to those charged with this offence having more concurrent and prior offences. CONCLUSION The introduction of penalty notices significantly reduced the number of court appearances for first time low, special and novice range PCA offences and to a lesser extent, first time drug-driving offences, and decreased the percentage of offenders who received a court dismissal or conditional discharge for these offences.  
Crime and Justice Bulletin No. CJB262
Sydney: NSW Bureau of Crime Statistics and Research, 2023. 22p.