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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:

  1. You reported or caused to be reported to police or protective services officers an act that requires investigation
  2. You made the report or caused the report voluntarily
  3. The report was false
  4. 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.

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