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Police Bribery and Corruption

The title of the Act governing this offence has been changed from the Police Regulation Act 1958 to the Police Regulation (Pensions) Act 1958 by section 278 of the Victoria Police Act 2013, No. 81/2013.

This charge is generally laid in situations where a person is a member of the police force and during the course of their duty they took or solicited a bribe or inappropriate payment. It is a very rare charge to be heard at all.
In a case of Police bribery and corruption, the following defences may be applicable to the charge:

  • Lack of Intent
  • Factual Dispute and Concept of Beyond Reasonable Doubt

What penalties can be imposed for a charge of Police bribery and corruption?
  • Deferral of Sentencing
  • Without Conviction Order
  • Adjournment of the Charges on Undertaking (Good Behaviour Bond)
  • Fine
  • Community Corrections Order
  • Suspended Prison Sentence
  • Term of Imprisonment
The offence of police bribery and corruption is the sort of offence which is heard in the Magistrates’ Court however it may also be heard in the County Court.
 
The legislation for this offence can be found on section 95 of Police Regulation Act 1958.

In essence to prove this charge the Police must show that the accused was a member of the police force and at the time took or solicited a bribe or inappropriate payment from another person. The bribe or inappropriate payment was taken to neglect the police member’s duty, to take advantage of the police member’s position or to act in a way that brings the force into disrepute.