Wasting police time

Last updated

Wasting police time is listed as a criminal offence in many Commonwealth countries.

Contents

United Kingdom

In England and Wales, one can be charged with the offence under Section 5(2) of the Criminal Law Act 1967 [1] when one "causes any wasteful employment of the police" by "knowingly making to any person a false report" which:

The offence carries a maximum penalty of six months' imprisonment and/or a fine. Less serious cases may result in a penalty notice for disorder of £80 for persons aged 16 or over and £40 for younger offenders.

The same applies to Northern Ireland according to Section 5(3) of the Criminal Law Act (Northern Ireland) 1967. [2]

For Scotland the High Court of Justiciary stated in Kerr v. Hill [3] that giving false information to the police constitutes a crime under common law.

New Zealand

In New Zealand, one can be charged under Section 24 of the Summary Offences Act 1981 [4] for committing either of the following acts:

A person convicted under this section may be sentenced to imprisonment for up to three months, or a fine of up to NZ$2000.

Canada

In Canada, the offence (known as public mischief) is defined by section 140 of the Criminal Code:

140. (1) Every one commits public mischief who, with intent to mislead, causes a peace officer to enter on or continue an investigation by
(a) making a false statement that accuses some other person of having committed an offence;
(b) doing anything intended to cause some other person to be suspected of having committed an offence that the other person has not committed, or to divert suspicion from himself;
(c) reporting that an offence has been committed when it has not been committed; or
(d) reporting or in any other way making it known or causing it to be made known that he or some other person has died when he or that other person has not died.
(2) Every one who commits public mischief
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or
(b) is guilty of an offence punishable on summary conviction. [5]

Related Research Articles

Affray Public fight that disturbs the peace

In many legal jurisdictions related to English common law, affray is a public order offence consisting of the fighting of one or more persons in a public place to the terror of ordinary people. Depending on their actions, and the laws of the prevailing jurisdiction, those engaged in an affray may also render themselves liable to prosecution for assault, unlawful assembly, or riot; if so, it is for one of these offences that they are usually charged.

Perjury is the intentional act of swearing a false oath or falsifying an affirmation to tell the truth, whether spoken or in writing, concerning matters material to an official proceeding.

Blackmail is an act of coercion using the threat of revealing or publicizing either substantially true or false information about a person or people unless certain demands are met. It is often damaging information, and it may be revealed to family members or associates rather than to the general public. These acts can also involve using threats of physical, mental or emotional harm, or of criminal prosecution, against the victim or someone close to the victim. It is normally carried out for personal gain, most commonly of position, money, or property. It is also used, sometimes by state agencies, to exert influence; this was a common Soviet practice, so much so that the term "kompromat", transliterated from Russian, is often used for compromising material used to exert control.

A citizen's arrest is an arrest made by a private citizen – that is, a person who is not acting as a sworn law-enforcement official. In common law jurisdictions, the practice dates back to medieval England and the English common law, in which sheriffs encouraged ordinary citizens to help apprehend law breakers.

False arrest is a common law tort, where a plaintiff alleges they were held in custody without probable cause, or without an order issued by a court of competent jurisdiction. Although it is possible to sue law enforcement officials for false arrest, the usual defendants in such cases are private security firms.

Misprision of treason is an offence found in many common law jurisdictions around the world, having been inherited from English law. It is committed by someone who knows a treason is being or is about to be committed but does not report it to a proper authority.

Unlawful assembly is a legal term to describe a group of people with the mutual intent of deliberate disturbance of the peace. If the group is about to start an act of disturbance, it is termed a rout; if the disturbance is commenced, it is then termed a riot. In England, the offence was abolished in 1986, but it exists in other countries.

Misprision is a term of English law used to describe certain kinds of offence. Writers on criminal law usually divide misprision into two kinds: negative and positive.

Offences Against the Person Act 1861 Talks about Criminal Legislations

The Offences against the Person Act 1861 is an Act of the Parliament of the United Kingdom of Great Britain and Ireland. It consolidated provisions related to offences against the person from a number of earlier statutes into a single Act. For the most part these provisions were, according to the draftsman of the Act, incorporated with little or no variation in their phraseology. It is one of a group of Acts sometimes referred to as the Criminal Law Consolidation Acts 1861. It was passed with the object of simplifying the law. It is essentially a revised version of an earlier Consolidation Act, the Offences Against the Person Act 1828, incorporating subsequent statutes.

In criminal law, a conspiracy is an agreement between two or more persons to commit a crime at some time in the future. Criminal law in some countries or for some conspiracies may require that at least one overt act be undertaken in furtherance of that agreement, to constitute an offense. There is no limit on the number participating in the conspiracy and, in most countries, no requirement that any steps have been taken to put the plan into effect. For the purposes of concurrence, the actus reus is a continuing one and parties may join the plot later and incur joint liability and conspiracy can be charged where the co-conspirators have been acquitted or cannot be traced. Finally, repentance by one or more parties does not affect liability but may reduce their sentence.

Common assault is an offence in English law. It is committed by a person who causes another person to apprehend the immediate use of unlawful violence by the defendant. In England and Wales, the penalty and mode of trial for this offence is provided by section 39 of the Criminal Justice Act 1988.

In some countries, resisting arrest is a criminal charge against an individual who has committed, depending on the jurisdiction, at least one of the following acts:

Loitering To remain in a place without an apparent purpose

Loitering is the act of remaining in a particular public place for a prolonged amount of time without any apparent purpose.

Penal Code (Singapore) Criminal code of Singapore

The Penal Code of Singapore sets out general principles of the criminal law of Singapore, as well as the elements and penalties of general criminal offences such as assault, criminal intimidation, mischief, grievous hurt, theft, extortion, sex crimes and cheating. The Penal Code does not define and list exhaustively all the criminal offences applicable in Singapore – a large number of these are created by other statutes such as the Arms Offences Act, Kidnapping Act, Misuse of Drugs Act and Vandalism Act.

The Criminal Law Act 1967 (c.58) is an Act of the Parliament of the United Kingdom that made some major changes to English criminal law, as part of wider liberal reforms by the Labour government elected in 1966. Most of it is still in force.

The Criminal Law (Consolidation) (Scotland) Act 1995 (c.39) is an Act of the Parliament of the United Kingdom passed to consolidate certain enactments creating offences and relating to the criminal law of Scotland.

The Official Secrets Act 1920 is an Act of the Parliament of the United Kingdom.

Following the common law system introduced into Hong Kong when it became a Crown colony, Hong Kong's criminal procedural law and the underlying principles are very similar to the one in the UK. Like other common law jurisdictions, Hong Kong follows the principle of presumption of innocence. This principle penetrates the whole system of Hong Kong's criminal procedure and criminal law. Viscount Sankey once described this principle as a 'golden thread'. Therefore, knowing this principle is vital for understanding the criminal procedures practised in Hong Kong.

Code of Criminal Procedure (India) Code of criminal law of India

The Code of Criminal Procedure commonly called Criminal Procedure Code (CrPC) is the main legislation on procedure for administration of substantive criminal law in India. It was enacted in 1973 and came into force on 1 April 1974. It provides the machinery for the investigation of crime, apprehension of suspected criminals, collection of evidence, determination of guilt or innocence of the accused person and the determination of punishment of the guilty. It also deals with public nuisance, prevention of offences and maintenance of wife, child and parents.

The Penal Code is a law that codifies most criminal offences and procedures in Malaysia. Its official long title is "An Act relating to criminal offences" [Throughout Malaysia—31 March 1976, Act A327; P.U. (B) 139/1976]. The sole jurisdiction of Parliament of Malaysia is established over criminal law in Malaysia.

References

  1. C. 58
  2. Chapter 18
  3. 1936 J. C. 71
  4. "Summary Offences Act 1981 No 113 (as at 24 August 2014), Public Act 24 False allegation or report to Police – New Zealand Legislation". www.legislation.govt.nz. Retrieved 2016-09-18.
  5. Criminal Code, RSC 1985, c C-46, s 140.