Delay Entry of Police

Police Interview

The police will often describe the interview process as an opportunity to tell your side of the story. There are some occasions where it is okay for a person to answer questions put to them in an interview. However, most of the time it is best not to. Your answers can be used to support the charges against you. If you want to tell your side of the story, you will always be able do this later in the process.

The offence of Delay Entry of Police is a relatively straightforward offence that could be easily made out depending on the answers you give in your interview. You should book an appointment with one of our lawyers and we can advise you how to conduct yourself in an interview for this offence prior to the interview taking place.

Pleading Not Guilty

Our lawyers have dedicated their careers to representing people with contesting Police charges. If you decide you want to contest a charge of Delay Entry of Police, we can explain the type of evidence the police will need to obtain to successfully prosecute the charge and how to best go about defending it.

You should call us to book an appointment with one of our lawyers so we can review the case against you and advise you on the steps we would take to maximise your chances of being acquitted.

Pleading Guilty

If you choose to plead guilty, our lawyers can help you prepare a thorough plea in mitigation to ensure you get the best result possible. If you are pleading to the offence of Delay Entry of Police, it is important to carefully explain the reason for the offending to the presiding Magistrate so that they understand why you committed this offence. The Court generally takes a dim view of offending towards the police and our lawyers have experience in delicately explaining why such offending occurred.

Our lawyers will also help you prepare character references and submissions to the court, which will assist you in getting the best result possible.

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

Defences

• 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 the offence of Delay Entry of Police (s22 of the Summary Offences Act 1966) is a fine of 1 penalty unit.

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

What can you be sentenced to for this charge?

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

Legislation

The section that covers this offence is section 22 of the Summary Offences Act 1966.

What is the legal definition of Delay Entry of Police?

Delaying to admit a police officer into a public place.

“Did you actually delay them?”