There is still an enormous
amount of confusion about the consorting laws. The following is
the only way you can be convicted for consorting under section
93 Crimes Act:-
First- the police must give
you a warning, oral or in writing, about consorting with, at
least 2 persons, who have indictable convictions. Indictable
offences are usually the more serious offences, however,
possession of a joint is indictable, assault is indictable and
some other seemingly less serious
offences are indictable.
The police must tell you that
the person you are being warned about is a convicted offender
and consorting with a convicted offender is an offence. The
police can warn you about as many 'convicted offenders' as they
like or even just 1. The warning lasts forever. Consorting with
a convicted offender is NOT an offence, despite what the Crimes
Act requires the police to tell you. If the police warn you
about consorting with only 1 'convicted offender', you can
consort with that person as much as you like because you can
ONLY be convicted for consorting if you consort with 2
'convicted offenders' on 2 occasions each after being warned
about both of them.
Second- if you consort with 2
of the 'convicted offenders' that the police have warned you
about AND you consort with each of them TWICE then, and only
then, can you be convicted of consorting.
It does not matter whether the
person who is being warned has a conviction, indictable or
otherwise. It only matters that the person being warned about
has an indictable conviction.
If you accidentally bump into
someone whom you have been given a warning to not consort with,
it is not consorting. However, if you remain with that person it
may become consorting.
Don't overthink the consorting
offence. To be convicted you must consort with 2 persons the
police have warned you not to consort with (who are called
convicted offenders as they must have an indictable conviction)
AND you must consort with each of those persons twice each, at
If it does not meet what I
have said above, it is not a consorting offence.
Victorian Figures but probably