Victorian Police Misconduct - What it Means for those Facing Criminal Charges

The recent allegations of falsified police logs by Victoria Police are as alarming as they are (regrettably) unsurprising. With dozens of criminal trials potentially compromised by the alleged conduct, it is a timely reminder of the implications of police misconduct on legal proceedings, and that nobody is above the law. 

The Age reported on 27 March 2024 that at least ’45 police investigations and an unknown number of criminal trials may have been compromised by allegations members of Victoria Police’s elite covert operations division falsified surveillance reports that may have been used as evidence in court cases.’ More specifically, it is alleged that ‘the surveillance operatives falsified logs to claim they were monitoring suspects when they were not doing so, and that some of these logs may have been accepted as reliable evidence during criminal prosecutions.’

It would not be the first time that Victoria Police have made a ‘blunder’ like this in recent months, but what does this actually mean for those facing criminal charges? Would those affected be entitled to compensation? 

We address those questions and more below:

Impact on Criminal Proceedings

While mere allegations at this stage, falsification of surveillance logs could constitute ‘police misconduct’ at best, and could even amount to perverting the course of justice at worst. The Independent Broad-based Anti-corruption Commission (IBAC) lists examples of police misconduct as including (but not limited to) ‘misrepresentation on log books, time sheets or registers,’ ‘failing to… report misconduct or corruption,’ and ‘inconsistently applying Victoria Police policies and procedures.’ Relying on such ‘evidence’ in criminal proceedings presents countless issues as to the reliability of the criminal justice system, and the safety of any convictions made as a result.

If you are affected by the above, you might have grounds to pursue the following:

• Application for a mistrial

• Exclusion of evidence on the grounds it has been improperly or illegally obtained, or falsified; 

• Exclusion of evidence on the basis of prejudice to the accused; or

• Grounds for appeal on conviction and/ or sentence.

Right to Compensation

Just like the rest of us, police officers and public safety officers (PSO’s) are liable for tortious conduct and can be ordered to pay compensation. ‘Torts’ or ‘tortious conduct’ relates to a wrong suffered by a complainant, caused by a respondent’s actions or omissions. It can include negligence and personal injury (including mental and physical injury) among others. More specifically, a police tort ‘is a tort committed by a police officer or PSO in the performance or purported performance of the officer’s duties.’ If your case involves any of the alleged conduct by Victoria Police members, you could have a right to compensation as an injured party. 

Factors that could be relevant to your claim for compensation can include:

• Time spent on remand in custody awaiting trial;

• Mental and psychological impacts suffered as a result of wrongful police conduct; 

• Medical costs related to treatment for conditions suffered as a result of wrongful police conduct; or

• Loss of future work opportunities and earning capacity as a result of criminal proceedings.

The extent of the damage caused by these alleged falsified surveillance logs is yet to be determined, but as of 27 March 2024, at least 45 investigations and dozens of criminal trials have allegedly been tainted.

If you believe you might have been affected, call our office today and speak to one of our experienced police misconduct lawyers.

1. Nick McKenzie, ‘On target: How allegedly false police logs may have tainted dozens of criminal cases’, The Age, (online, 27 March 2024) <https://www.theage.com.au/national/victoria/on-target-how-allegedly-false-police-logs-may-have-tainted-dozens-of-criminal-cases-20240326-p5ffel.html>. 

2. Nick McKenzie, ‘On target: How allegedly false police logs may have tainted dozens of criminal cases’, The Age, (online, 27 March 2024) <https://www.theage.com.au/national/victoria/on-target-how-allegedly-false-police-logs-may-have-tainted-dozens-of-criminal-cases-20240326-p5ffel.html>.

3. See recent issue relating to unsworn police officers and its impact on criminal proceedings – ‘More than 1,000 Victorian police officers incorrectly sworn in due to ‘administrative oversight’, ABC News, (online, 24 February 2022) < https://www.abc.net.au/news/2022-02-24/victoria-police-officers-sworn-in-incorrectly-lisa-neville/100856402>. 

4. ‘What is police misconduct?’, IBAC, < https://www.ibac.vic.gov.au/what-police-misconduct>.

5. Victoria Police Act 2013 (Vic) division 8.

6. Victoria Police Act 2013 (Vic) s 72.