Author: Andrew George
Practice area: public order offences
Andrew is a founding Director of Doogue + George, ranked by Doyle's Guide as a Leading Criminal Defence Lawyer in Victoria (2026) and an LIV Accredited Criminal Law Specialist since 1995 with over 30 years of experience across all Victorian courts, tribunals and Royal Commissions. His depth of experience in this area means clients receive accurate, considered advice.
View full profile →Andrew authored this content and last revised it for accuracy on 6 August 2026.
What is the offence of Making False Reports to Police?
This offence is concerned with dishonest complaints or allegations made to police that trigger official action. It is designed to prevent misuse of police powers through deliberately untrue reports that draw police attention away from genuine matters.
Key points
- Legal basis: Section 53 of the Summary Offences Act 1966 (Vic)
- Focus of the offence: False information that leads police to act
- Where charges are heard: Magistrates’ Court
The maximum penalty for Making False Reports to Police is a fine of 120 penalty units ($25,092 as at 2026-27) or imprisonment for 1 year.
Common defences may include the report was true; lack of knowledge that the report was false.
Police Interview
Have you been accused of making a false report to Police? Do you know what you will say to Police? It is important you understand what Police are trying to achieve when questioning you about an allegation of this kind. Police want to speak to you because they suspect you have committed the offence. They will already have information they believe supports the allegation against you. Proper legal advice will assist you in responding to police questions in an informed and considered way, that will not make your situation worse.
Answering questions in a Police interview for making a false report to police is not an opportunity for you to explain your side of the story. Our criminal defence lawyers can help you do that at another time. The Police are likely to have decided to charge you already. Police officers conducting the interview hope that you will make an admission to making a false report to police, or other surrounding facts, which can then be used against you in court to prove the charge.
You should set up a conference with us for advice before you attend the Police station to be interviewed. You need to be aware of your rights and obligations to make sure you are properly informed and prepared.
We also attend police interviews for making a false report to Police with our clients. You may feel comfortable having someone present on your side, to answer any questions you may have, and ensure Police are held accountable.
Pleading Not Guilty
We have lawyers who are experts in representing people charged with making false report to Police. We will assist you in building a case to show you are not guilty. We will also analyse the Police case against you. We know what issues to look for with a Police investigation. We will take your matter seriously and work hard to defend you.
Pleading Guilty
If you decide to plead guilty to making a false report to Police, we can assist you to secure a favourable outcome. We will do this by negotiating with Police and changing the Police summary if possible, and also helping you to get together all the important material that is required to provide to the court before your plea of guilty. We can advise you how to best prepare for your plea hearing because we know that good preparation can change the outcome of the penalty that may be imposed, and we have confidence we can assist you to achieve a positive outcome. We have appeared in many pleas for making a false report to Police.
Sentencing
Sentencing in the higher courts of Victoria
Source: Sentencing Advisory Council of Victoria (SACStat), Summary Offences Act 1966 (Vic) s 53(1) — 15 charges, higher courts, 1 July 2019 – 30 June 2024.
| Outcome | % |
|---|---|
| Imprisonment | 53.3% |
| Community Correction Order | 20.0% |
| Fine | 20.0% |
| Other | 6.7% |
The data indicates a significant likelihood of a custodial sentence at this level, often reflecting more serious circumstances or broader consequences arising from the false report. The court will consider factors such as the impact on police resources, the intent behind the conduct and prior history when determining penalty. Careful preparation and strong advocacy are important in matters where imprisonment is a real prospect.
Sentencing in the Magistrates’ Court of Victoria
Source: Sentencing Advisory Council of Victoria (SACStat), Summary Offences Act 1966 (Vic) s 53(1) — 375 charges across 355 cases, Magistrates’ Court, 1 July 2020 – 30 June 2023.
| Outcome | % |
|---|---|
| Fine | 32.0% |
| Community Correction Order | 28.3% |
| Adjourned Undertaking | 25.3% |
| Imprisonment | 13.9% |
| Discharge/Dismissal | 0.5% |
These figures demonstrate that custody is possible but less common than financial penalties or community-based supervision. The court will consider the seriousness of the report, any disruption caused and the offender’s personal circumstances before determining sentence. Early legal advice can assist in achieving the best possible outcome.
Examples of Making False Reports to Police
- A man is angry with another man, and as revenge, he tells the Police the other man is a pedophile and has child pornography on his home computer. When in fact this is a lie. The Police investigate the other man.
- A woman involved in a crime wants to distract the Police from an investigation. She falsely accuses someone else of being involved in the crime. The other person is completely innocent. The Police question the other person.
Defences
- The report you made to the Police was true.
- You did not know that what you said to the Police was not true.
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
- Can they prove that you knew what you said was false?
Maximum penalty and court that deals with this charge
The maximum penalty for Making False Reports to Police (s53 of the Summary Offences Act 1966) is a fine of 120 penalty units ($25,092 as at 2026-27) or imprisonment for 1 year.
Making false reports to police is heard in the Magistrates’ Court.
Legislation
The section that covers this offence is section 53 of the Summary Offences Act 1966.
What is the legal definition of Making False Reports to Police?
When a person knowingly made a false report to the Police. And the false report caused a police investigation.
Did you lie to the Police?
