Delay Entry of Police

– section 22 of the Summary Offences Act 1966
delay entry of police

 

 

When a person delays the Police from entering a public place.

Examples of Delay Entry of Police
  • A police officer tries to enter part of a public park where a group of young people are having a party and one of the youths confronts the police officer
  • During a street protest, police attempt to enter into a building that has been overtaken by protesters and some of the protesters group together to block the police
What are some of the possible defences to a Delay Entry of Police charge?
  • The conduct did not delay the police officer from entering the public place
  • There is no valid reason under the Summary Offences Act 1966 for the police officer to enter the public place in order to observe the Act

There are other possible defences, depending on the circumstances surrounding the alleged offending. Each matter is unique and requires an individual approach and strategy.

Questions in cases like this
  • Did your actions actually delay the police?

Maximum penalty and Court that deals with this charge

The maximum penalty for this offence is a fine of 1 penalty unit.

Delay entry of police is the sort of charge regularly heard in the Magistrates’ Court.

“Did you actually delay them?”
What is the legal definition of Delay Entry of Police?

Delaying to admit a police officer into a public place.

Legislation

The section that covers this offence is section 22 of the Summary Offences Act 1966.1

What can you be sentenced to for this charge?

If found guilty for this offence, you will get a fine.

 


[1] Summary Offences Act 1966 – Section 22

(1) A police officer 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 police officer, 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.