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.
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. It is a very rare charge to be heard at all.
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.
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.
Defences to this could be a factual dispute, lack of intent or an honest and reasonable mistake of fact.
You should ring us and discuss your case if you have been charged.
Deciding on whether to plead guilty or not has important implications for you and should be made after proper discussions with a criminal lawyer.
This is legislation that comes from section 95 of the Police Regulation Act 1958.
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)
- Community Corrections Order
- Suspended Prison Sentence
- Term of Imprisonment
What is the legislation for the charge of Police bribery and corruption?
The legislation for this offence can be found on section 95 of Police Regulation Act 1958.
Links to further information about the charge of Police bribery and corruption:
- Past Patters – Future Directions, Victoria Police and the Problem of Corruption and Serious Misconduct
Need further legal advice on this charge?
Contact one of our lawyers specialising in cases of Police Bribery and Corruption, Andrew George.