Author: Una Ebsworth
Practice area: theft offences
Una is a Director at Doogue + George, recognised by Doyle's Guide as a Preeminent Criminal Defence Lawyer in Victoria (2026) and an LIV Accredited Criminal Law Specialist since 2014 with over 15 years of experience in serious indictable matters. Her depth of experience in this area means clients receive accurate, considered advice.
View full profile →Una authored this content and last revised it for accuracy on 6 August 2026.
What is the offence of Loitering with Intent to Commit an Indictable Offence?
In Victoria, loitering with intent to commit an indictable offence is an offence under section 49B of the Summary Offences Act 1966. It concerns allegations that a person loitered in a public place while intending to commit an indictable offence and engaged in conduct that would further that offence. .
Key points
- What must be proved: Known/reputed thief or drug offender; loitering in a public place; intent to commit an indictable offence; and conduct that furthers the offence.
- Type of conduct: Conduct while loitering that will further the commission of the intended indictable offence.
- Court level: Magistrates’ Court.
The maximum penalty for Loitering with Intent to Commit an Indictable Offence is imprisonment not exceeding 2 years.
Common defences may include you were not loitering; you did not intend to commit a crime; you have a lawful reason for your conduct.
Have you been accused of this charge?
Police Interview
Do the Police want to speak to you about an allegation of this offence? Have you considered how you will respond? It is important you understand what Police are trying to achieve when speaking to you about an allegation of this kind. Police want to speak to you because they suspect you have committed the offence. They will already have spoken to people and obtained statements and other evidence that outline the allegation made against you. You will not be provided with this information before the interview. Proper legal advice will assist you in responding to Police questions in an informed and considered way, that will not make your situation worse.
It is important you know that the Police interview for loitering with intent to commit an indictable offence is not an opportunity for you to explain your side of the story. We can help you do that at another time. The Police are likely to have decided to charge you already. Police officers hope that you will make admissions to the charge, or other surrounding facts, which can then be used against you in court to prove the charge.
You should set up a conference with us before you attend the Police station to be interviewed for advice. We can assist you in understanding the process and purpose of a Police interview to make sure you are properly informed and prepared.
We also attend police interviews for loitering with intent to commit an indictable offence to support and help our clients. Some people feel comfortable having someone present on their side, to answer any questions they may have, and ensure Police are held accountable.
Pleading Not Guilty
We have lawyers who are experts in representing people charged with loitering with intent to commit an indictable offence. We will assist you in building a case to show you are not guilty. We will also analyse the Police case against you. We know what issues to look for with a Police investigation. We will take your matter very seriously and work hard to defend you.
Pleading Guilty to Loitering With Intent to Commit an Indictable Offence
If you need to decide to plead guilty, we will help you get together all the important material that is required to get a favourable outcome. There might be room to change the Police summary. We can advise you how to best prepare for your plea hearing because we know that good preparation can change the outcome of the penalty that may be imposed and we have confidence we can assist you to achieve a outcome. We have appeared in many pleas of guilty for the offence of loitering with intent to commit an indictable offence.
Sentencing
Sentencing in the Magistrates’ Court of Victoria
Source: Sentencing Advisory Council of Victoria (SACStat), Summary Offences Act 1966 (Vic) s 49B(1) — 112 charges across 105 cases, Magistrates’ Court, 1 July 2020 – 30 June 2023.
| Outcome | % |
|---|---|
| Imprisonment | 52.7% |
| Community Correction Order | 17.0% |
| Adjourned Undertaking | 11.6% |
| Fine | 10.7% |
| Discharge/Dismissal | 4.5% |
| Other | 3.6% |
The data demonstrates a significant risk of imprisonment for this offence, reflecting concerns about repeat offending and criminal intent. The court will consider factors such as prior history, the circumstances of the conduct and any evidence of rehabilitation when determining sentence. Early legal advice can play an important role in influencing the outcome.
Examples of Loitering with Intent to Commit an Indictable Offence
- A well-known drug dealer is found standing on a corner known to be a place where drug deals take place. The dealer walks towards a car where there is a supply of ice inside the car.
- A woman convicted multiple times of theft is found outside a jewellery store tampering with window fittings.
Defences
- You were not loitering.
- You did not intend to commit a crime.
- You have a lawful reason for your conduct.
There are other possible defences, depending on the circumstances surrounding the alleged offending. Each matter is unique and requires an individual approach and strategy.
Questions in cases like this
- What were you doing when the Police found you?
- Can they prove you were intending to commit a crime?
Maximum penalty and court that deals with this charge
The maximum penalty for Loitering with Intent to Commit an Indictable Offence (s49B of the Summary Offences Act 1966) is a term of imprisonment not exceeding 2 years.
Loitering with intent to commit an indictable offence is heard in the Magistrates’ Court.
Legislation
The section that covers this offence is section 49B of the Summary Offences Act 1966.
What is the legal definition of Loitering with Intent to Commit an Indictable Offence?
The Prosecution must prove that you are a known or reputed thief or known or reputed to have committed drug-related offences. That you were loitering in a public place with the intent to commit a crime, and that while loitering you engaged in conduct to commit a crime.
Can they prove you intended to commit a crime?
