Making False Reports to Police
Making a False Report to Police carries a maximum penalty of 1 year imprisonment or a fine of approximately 120 penalty units.
In addition, the Court can order a person found guilty of this offence to pay for any expenses incurred by the state as a result of the false report. This includes remuneration paid to emergency service workers such as police and ambulance officers.
The Offence of Making a False Report to Police
The offence of Making a False Report to Police contained in section 53 of the Summary Offences Act which states:
Any person who falsely and with knowledge of the falsity of the report voluntarily reports or causes to be reported to any police officer or to a protective services officer 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 police officer or a protective services officer shall be guilty of an offence.
What Actions Might Constitute Making a False Report to Police?
The following actions may form the basis for a charge:
- Reporting a crime to police which did not occur;
- Reporting a crime to police but giving the police information that incriminated a person who is not the person who committed the crime;
- Giving information to another person which induces them to make a report to police that is false.
What the Police Must Prove
To find you guilty of the offence of Making a False Report to Police, the Police must prove beyond a reasonable doubt that:
- You reported or caused to be reported to police or protective services officers an act that requires investigation
- You made the report or caused the report voluntarily
- The report was false
- You knew the report to be false
“Caused to be reported” includes creating any circumstances for the purpose of inducing someone else to make a report to police.
Which Court Will Hear Your Matter?
The matter is a summary offence, meaning it can only be heard in the Magistrates’ Court.
If you require legal advice or representation in any legal matter, please contact Armstrong Legal.