Public Order Offences – VIC

Welcome to the VIC Delay entry of police article page. Everything you need to know about Delay entry of police according to VIC law.

What the Law States according to VIC Law for Delay entry of police

According to VIC Law for the charge of Delay entry of police,

Summary Offences Act 1966 – SECT 22
Entry of police

22. Entry of police

(1) A member of the police force may at any time enter into any house building room premises or place which is a public place within the meaning of that interpretation in section 3, notwithstanding that the place be upon private premises, when and so often as he thinks proper for securing the observance of this Act and no such entry shall in any way be deemed a trespass.

(2) Any person who needlessly delays to admit a member of the police force, whether by day or night, into any house building room premises or place which is a public place as aforesaid shall be guilty of an offence.

Penalty: 1 penalty unit.

The Maximum Penalty – Delay entry of police

According to VIC Law for the charge of Delay entry of police, 1 penalty unit.

What the Police must prove according to VIC Law for Delay entry of police

(a) A police officer was seeking to enter into a house, building, room, premises or place which is a public place (even if it is on private premises).

(b) The police officer was seeking to so in order to secure the observance of the Summary Offences Act 1966 (the Act).

(c) The accused delayed to admit the police officer into the premises.

(d) The accused did so needlessly.

Possible Defences under VIC Law – Delay entry of police

(a) Duress
(b) Factual dispute
(c) Honest and reasonable mistake of belief
(d) Identification dispute
(e) Lack of intent

In VIC which court will hear the matter – Delay entry of police

Magistrates’ Court

 

Date: 09/01/2009