Exclusive: Urgent legal advice is being sought by courts to clarify how decision could affect pending and finalised cases
police to quietly withdraw some infringements from court and forced the judiciary to put all remaining Covid breach cases on hold, pending urgent legal advice.issued during Covid restrictions was cast into doubt by a NSW supreme court ruling, which found infringements that failed to properly spell out an alleged offence were invalid.
It is not clear whether NSW police will adopt the approach more broadly and withdraw all fines still before the courts. A spokesperson would say only that police were still considering the supreme court’s ruling.The Guardian understands that all remaining Covid breach matters in the local, children’s and district courts have been put on hold temporarily, until legal advice clarifies how the decision could affect pending and finalised court cases.
“The judgment relates to penalty notices issued for certain offences under the Public Health Act 2010. Work is currently underway to determine if or how cases in the Local Court may be affected by the decision,” the message said. “This website will be updated as soon as further information becomes available.”
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