NSW Is Police Officer Allowed to Modify Penalty Notice?

[Jrann]

My question is:

Under Criminal Law, is a police officer allowed to modify the penalty notice details on his carbon copy after giving it to the accused, and the accused has left?

Modifying such things on the notice as correcting the DOB, change the penalty offence code and offence title. My penalty notice has not been modified.

 

[Rod]

No, but they can issue a new penalty and send it to you. How do you know the officer modified his copy?

 

[Jrann]

I have a copy of the modified one he submitted to the sdro. It's the same penalty notice number, just edited. Codes changed and the offence title crossed out and a new offence title written.

 

[Rod]

Either pay up or fight it. You are unlikely to win just using a modified infringement notice as your defence.

The days of getting off on simple technicalities are well and truly over - in most instances.

 

[Jrann]

Ohh I already beat the infringement notice in court. Now I have a case against them for other issues. Just wanted to get opinions regarding the legal issues on the officer editing the notice at a later date.

Under NSW law, are they allowed to do that?

 

[Rod]

Good to hear. On what grounds did you win?

I can't answer your question about police modifying notices. I can only speculate based on more serious things they get away with that nothing is likely to happen in this instance.

 

[Jrann]

Cctv footage.