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CRIMINAL LAW

Malicious Prosecution - Abuse of the Legal Process

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Malicious Prosecution - Abuse of the Process of the Court

 

There can be real trouble for the person who makes a false complaint to the police about the criminal behaviour of someone else or who abuses the processes of the Court in some other way.

 

That person could commit a criminal act and be punished by the State or could be liable for damages in a civil Court.

 

CRIMINAL LIABILITY

 

There are some smaller offences here . . . . and some biggies!!!

 

Under sections 18 and 24 of the Summary Offences Act 1981 you can be imprisoned and fined for making false allegations to the police or for imitating Court documents.   These are fairly minor offences but the thing you have to be careful about is that there are more serious crimes which might more particularly fit the wrongdoing and make you liable for far heavier penalties.

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Feedback/Reviews/Blogs
Feedback/Blogs/Reviews from related topic: Arrest
"I find this topic really helpful as well as all the topics under the "Weekend Arrest" topic. This is the sort of basic informatin which needs to be taught in schools. Don't you agree?"
Feedback/Blogs/Reviews from related topic: Arrest
"I found this interesting. I want to sue for punitive damages and I was interested to learn that our courts are pretty conservative. I think the Welfare have quite wrongly taken my kids and I have found out that the affidavit they gave to a Judge to get an order to uplift them was known to the Welfare to be incorrect. They told the Judge that I had drug convictions but when I found out 5 months ago that they thought that I proved then to them that this was untrue yet I have now found that they have still put this false evidence in an affidavit. But they have also told other people about my "drug convictions". You have to watch these people. (name witheld) - May 2007"
Feedback/Blogs/Reviews from related topic: Arrest
"I was roughly treated at a Police interview. One cop did hit me. It was not that hard but he banged me on the top of the head and yelled that he wanted the truth. It does happen . . not as bad as you see on TV but it does happen. Kevin - North Shore"
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