Other Criminal Offences – VIC

Welcome to the VIC Making false reports to police etc. article page. Everything you need to know about Making false reports to police etc. according to VIC law.

What the Law States according to VIC Law for Making false reports to police etc.

According to VIC Law for the charge of Making false reports to police etc.,

Summary Offences Act 1966 – SECT 53
Making false reports to police etc.

53. Making false reports to police etc.

(1) Any person who falsely and with knowledge of the falsity of the report voluntarily reports or causes to be reported to any member of the police force that an act has been done or an event has occurred, which act or event as so reported is such as calls for an investigation by a member of the police force
shall be guilty of an offence.

(2) For the purposes of subsection (1)-

(a) voluntarily, in respect of a report by any person, means-

(i) of that person’s own motion and volition; and

(ii) otherwise than in the course of an interrogation made by a member of the police force; and

(b) causes to be reported includes creating any circumstances or doing any acts for the purpose of inducing or which induce some other person to report to a member of the police force that an act has been done or event occurred which calls for investigation by a member of the police force.

(3) Where a person is charged before a court of summary jurisdiction with an offence against this section the court shall, as soon as the person is charged and before any evidence has been given in support of the charge, cause the person charged to be informed that he may object to being summarily dealt with and may elect to be tried by a jury.

(4) Where a person charged with an offence against this section is not present before the court upon the hearing the court may, if it thinks fit, adjourn the hearing of the charge with a view of securing the attendance of that person, if practicable, at the hearing of the charge, but nevertheless the court shall
have jurisdiction to deal summarily with the case in the absence of the person charged.

(5) If before any evidence is given in support of the charge the person charged objects to the charge being dealt with summarily by the court and elects that he be tried by a jury the court shall hear and inquire into the charge as if it had no jurisdiction finally to determine the matter and may direct the person charged to be tried by a jury as aforesaid or discharge him.

(6) Any person directed to be tried as aforesaid shall notwithstanding any law usage or practice to the contrary be tried upon presentment made as for an indictable offence cognisable by the Supreme Court or the County Court.

(6A) In addition to and without derogating from section 86 of the Sentencing Act 1991, if a court finds a person guilty of, or convicts a person of, an offence against this section, the court may order the person to pay to the informant a reasonable amount for any expenses, including remuneration
payable to any emergency service worker within the meaning of Division 2B of Part 4 of the Sentencing Act 1991, incurred by the State arising out of or incidental to the commission of the offence.

(6AB) In subsection (6A) remuneration, in relation to a person, includes long service leave entitlements, holiday pay, superannuation contributions and any other employment benefits.

(6AC) If a court decides to make an order under subsection (6A), subsections (2), (3), (4), (7), (8) and (9) of section 86 of the Sentencing Act 1991 apply as if-

(a) a reference to an order under subsection (1) were a reference to an order under subsection (6A); and

(b) a reference to compensation were a reference to expenses referred to in subsection (6A).

(6AD) An order under subsection (6A) must be taken to be a judgment debt due by the offender to the informant and payment of any amount remaining unpaid under the order may be enforced in the court by which it was made.

(6B) Any moneys received by the informant under subsection (6A) shall be paid by him to the Consolidated Fund.

The Maximum Penalty – Making false reports to police etc.

According to VIC Law for the charge of Making false reports to police etc., 120 penalty units or imprisonment for 1 year.

What the Police must prove according to VIC Law for Making false reports to police etc.

1. A person knowingly causes a false report to be made to police
2. That false report causes the police to commence an investigation

Possible Defences under VIC Law – Making false reports to police etc.

1. Lack of intent
2. Truth of report
3. Mistake

In VIC which court will hear the matter – Making false reports to police etc.

Magistrates’ Court

Street Names

False report, false report to police

 

Date: 09/01/2009