Wasting police time

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

United Kingdom

In England and Wales, one can be charged by police 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:

• Shows that a criminal offence has been committed,
• Creates apprehension for the safety of any persons or property, or
• Indicates that they have information material to any police inquiry.

The offence carries a maximum penalty of six months' imprisonment and/or a fine.

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^[4].

New Zealand

In New Zealand, one can be charged under Section 24 of the Summary Offences Act 1981^[5] for committing either of the following acts:

• Making, or causing to be made, to a Police employee any allegation of an offence "contrary to the fact and without a belief in the truth of the statement"
• Creating serious apprehension for the safety of any person or property (whether by statement or behaviour), either with the intention of causing wasteful employment or diversion of Police resources, or being reckless as to that result.

A person convicted under this section may be sentenced to imprisonment for up to three months, or a fine of up to NZD 2,000.

References

1. ^ C. 58
2. ^ Chapter 18
3. ^ 1936 J. C. 71
4. ^ See also s. 73 of the Draft Criminal Code for Scotland (2003), ‘Wasting the time of emergency services’
5. ^ http://www.legislation.govt.nz/act/public/1981/0113/latest/DLM53580.html?search=ts_act_Summary+Offences+Act_resel#DLM53580