Posted November 10, 2018 05:16:47 The law may not apply in every case, but it can be the key to getting justice in cases where someone has been wrongly arrested, wrongly charged, or wrongly convicted.
The Criminal Law Amendment (False Arrest, False Charge, False Evidence) Bill 2017 makes it a criminal offence to commit or falsely accuse another person of an offence.
Anyone found guilty of the offence can face a maximum fine of $2,000 and/or up to 12 months in prison.
If convicted of an additional offence the penalty can be up to 5 years in jail and/ or a fine of up to $25,000.
However, there are a number of exceptions to the criminal law in this area.
You can only be charged with the offence if you are aware of the circumstances that led to the offence, and that led you to the decision to commit the offence.
If you are convicted of a false arrest, false charge, false evidence, you cannot be charged in the first instance.
When it comes to false evidence a defence must meet two requirements.
It must be reasonably plausible, and not rely on an unreliable witness or another person who may have been falsely implicated.
Once a defence is established the police have to prove it by a preponderance of the evidence.
While the law states that the prosecution cannot rely on a false evidence defence to get a conviction, it may be argued that if you can show that you have been innocent, then it can only serve to help your case.
This is where the police can point out that the evidence of your innocence can be used against you if you make false accusations in court, and are not prepared to be prosecuted for your offence.
If you’ve received false information or been falsely accused, the law provides some protections that can help you recover from the wrongdoer.
A person may sue a police officer for a false charge against them, but if the officer is the victim of a criminal act they cannot sue you for that offence.
You cannot be sued for an offence that you did not commit.
There are also some exceptions to this law, such as if the police officer had reasonable grounds for believing that someone was committing a crime and they arrested or arrested someone who they thought was committing the crime.
Another potential defence is that the officer was acting in good faith in the course of his/her duty.
This means that the police are not required to prove that the defendant committed the offence in question.
And while it may not be possible to sue someone for a criminal charge, there is some relief available if the criminal charge has been brought against you.
If the charge was brought against a person who was not your legal guardian and was under 18 years of age, you can ask a court to have the charge dismissed if the charge is false.
If it is proved that the charge has no basis in fact, you are entitled to have it dismissed.
This may seem like a lot of work to ask for relief, but there are several ways you can recover from a wrongdoers actions.
Your actions can be considered as part of a conspiracy, which means that your actions were done as part the conspiracy.
False imprisonment, which involves police officers imprisoning a person in a cell or holding them for a period of time without charges being laid, can be a defence.
Sometimes the police will not prosecute the person who committed the crime, instead referring the case to a magistrate for a finding that there was no actual malice in their conduct.
For a criminal conviction to be invalid, the prosecution must be guilty of an intentional false charge or false evidence.
This can be achieved by showing that the person did not know the facts of the case, and did not intend to commit an offence other than what the facts clearly proved.
If there is a reasonable likelihood of conviction for the offence charged, then the court must convict.
In a case of police misconduct, a judge can rule that the accused is not entitled to a trial because of the seriousness of the charges.
An officer can also use the police misconduct offence to get the accused off bail.
The law states the maximum penalty for police misconduct is a fine up to 25,000 penalty points.
Other ways to recover from wrongdoings include damages, punitive damages, and other remedies.
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