Have you been charged with Making False Reports to Police etc?
You may have defences available to you that you had not considered. Can the prosecution make out all the elements of the charge? Did you believe the information in the report to be correct? Were you coerced into making a false report?
An experienced criminal lawyer can aid you in presenting the best possible defence to a charge of Making False Reports to Police etc.
For more information on the charge, please read below.
Elements of the offence
Section 53 of the Summary Offences Act 1966.
The prosecution must prove:
The defendant reported the information to the police;
The defendant knew the information in the report to be incorrect or false; and
That as a result of the false information, police or protective service officers conducted an investigation.
The maximum penalty
The maximum penalty for Making False Reports to Police etc. is 120 penalty units issued as a fine by the courts or one year imprisonment.
If convicted, the Court may also order the defendant to pay reasonable expenses including remuneration arising from the false report under section 53(6A).
Where will my case be heard?
A charge of Making a False Report etc. will be heard in the Magistrates’ Court.
What to do next?
If charged with Making a False Report you should seek expert legal advice from an experienced criminal lawyer to ensure the best outcome in your matter. Do not leave things until the last possible minute. Good preparation is key to achieving results. Call us today.
The legislation
Section 53 Making a False Report 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 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 member of the police force or a protective services officer shall be guilty of an offence.
Penalty: 120 penalty units or imprisonment for 1 year.
(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 or a protective services officer; 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 or to a protective services officer that an act has been done or event occurred which calls for investigation by a member of the police force or a protective services officer.
(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.
