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Contents (1900 - 40)
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Crimes Act 1900 No 40
Current version for 2 October 2019 to date (accessed 17 October 2019 at 12:15)
Part 7 Division 2 Section 316
316   Concealing serious indictable offence
(1)  An adult—
(a)  who knows or believes that a serious indictable offence has been committed by another person, and
(b)  who knows or believes that he or she has information that might be of material assistance in securing the apprehension of the offender or the prosecution or conviction of the offender for that offence, and
(c)  who fails without reasonable excuse to bring that information to the attention of a member of the NSW Police Force or other appropriate authority,
is guilty of an offence.
Maximum penalty—Imprisonment for—
(a)  2 years—if the maximum penalty for the serious indictable offence is not more than 10 years imprisonment, or
(b)  3 years—if the maximum penalty for the serious indictable offence is more than 10 years imprisonment but not more than 20 years imprisonment, or
(c)  5 years—if the maximum penalty for the serious indictable offence is more than 20 years imprisonment.
(2)  A person who solicits, accepts or agrees to accept any benefit for the person or any other person in consideration for doing anything that would be an offence under subsection (1) is guilty of an offence.
Maximum penalty—Imprisonment for—
(a)  5 years—if the maximum penalty for the serious indictable offence is not more than 10 years imprisonment, or
(b)  6 years—if the maximum penalty for the serious indictable offence is more than 10 years imprisonment but not more than 20 years imprisonment, or
(c)  7 years—if the maximum penalty for the serious indictable offence is more than 20 years imprisonment.
(3)  It is not an offence against subsection (2) merely to solicit, accept or agree to accept the making good of loss or injury caused by an offence or the making of reasonable compensation for that loss or injury.
(4)  A prosecution for an offence against subsection (1) is not to be commenced against a person without the approval of the Director of Public Prosecutions if the knowledge or belief that an offence has been committed was formed or the information referred to in the subsection was obtained by the person in the course of practising or following a profession, calling or vocation prescribed by the regulations for the purposes of this subsection.
(5)  The regulations may prescribe a profession, calling or vocation as referred to in subsection (4).
(6)  In this section—
serious indictable offence does not include a child abuse offence (within the meaning of section 316A).
Note.
 Concealing a child abuse offence is an offence under section 316A. A section 316A offence can only be committed by an adult.