All money laundering and proceeds of crime charges brought against adults in New South Wales will commence in the Local Court.
Offences that carry a maximum penalty of 2 years or less are known as ‘summary offences’ and these will remain in the Local Court.
Whether a money laundering or proceeds of crime offence with higher maximum penalties will later ‘committed’ (referred) to a higher court such as the District or Supreme Court depends on a range of factors, the most important of which is specific offence charged.
The decision as to whether a money laundering or proceeds of crime charge will be committed to a higher court will normally be made by the DPP.
The defence can also ‘elect’ (choose) to commit certain money laundering and proceeds of crime offences – although this is normally unwise because the maximum penalties are heavier in the higher courts, and it can be more difficult to successfully appeal an unfavourable decision.
The most serious money laundering and proceeds of crime offences are ‘strictly indictable’ which means they must be committed to a higher court.