Criminal Lawyers Melbourne

Delay entry of police

Criminal Lawyers Melbourne
ADLA member for - VIC

Written by
Kristina Kothrakis
Criminal Defence Lawyer


Email your enquiry Make an appointment
03 9670 5111
Public Order Offences - VIC
The Law - Delay entry of police

What the Law states - Delay entry of police


Summary Offences Act 1966 - SECT 22

Entry of police

22. Entry of police

(1) A member of the police force may at any time enter into any house building room premises or place which is a public place within the meaning of that interpretation in section 3, notwithstanding that the place be upon private premises, when and so often as he thinks proper for securing the observance of this Act and no such entry shall in any way be deemed a trespass.

(2) Any person who needlessly delays to admit a member of the police force, whether by day or night, into any house building room premises or place which is a public place as aforesaid shall be guilty of an offence.

Penalty: 1 penalty unit.

Assaults

Maximum Penalty in Victoria



1 penalty unit

What the Prosecution must prove - Delay entry of police - Vic


(a) A police officer was seeking to enter into a house, building, room, premises or place which is a public place (even if it is on private premises).

(b) The police officer was seeking to so in order to secure the observance of the Summary Offences Act 1966 (the Act).

(c) The accused delayed to admit the police officer into the premises;.

(d) The accused did so needlessly.

Possible Defences - Delay entry of police


(a) Duress.

(b) Factual dispute.

(c) Honest and reasonable mistake of belief.

(d) Identification dispute.

(e) Lack of intent.


Which court will hear the charge of Delay entry of police


Magistrates' Court.

Appeal Delay entry of police Charge
Article published on 09/01/2009. To check if any changes to the law please discuss with one of our lawyers.
Criminal Lawyers Melbourne