Law Information - Other Criminal Offences - TAS

False reports to police

Date: 09/01/2009

The Law -

Police Offences Act 1935 – SECT 44A

44A. False reports to police

(1) A person shall not, falsely and with knowledge of the falsity of his statement, represent to any police officer or any person employed in the Department that any act has been done, or that any circumstances have occurred, which act or circumstances as so represented are such as reasonably call for investigation by the police.

What the prosecution must prove - False reports to police

(a) A person knowingly causes a false report to be made to police

(b) That false report causes the police to commence an investigation

The Maximum Penalty for False reports to police is

A person who is guilty of this offence is liable on summary conviction to a penalty not exceeding 10 penalty units or to imprisonment for a term not exceeding 6 months.

In any proceedings instituted against any person under this section, the court, on the application of the complainant, may order that, in addition to or instead of a penalty, the offender shall pay to the complainant a reasonable sum for the expenses of or incidental to any investigation made by reason of such offence.

Possible Defences - False reports to police

(a) Lack of intent

(b) Truth of report

(c) Mistake

(d) Duress

(e) Factual dispute

(f) Identification dispute

(g) Mental impairment

The Court process - False reports to police

Magistrates Court