Impersonating a Police Officer (Vic)

In Victoria, it is a criminal offence to impersonate a police officer or protective services officer. This offence is likely to attract a term of imprisonment. This page outlines what this offence involves and the likely penalty.

Legislation

The offence of impersonating a police officer or protective services officer is contained in section 256 of the Police Act 2013.  

Three distinct offences

Under section 256, there are three distinct ways that this offence can be committed. These are as follows:

• A person who is not a police officer holds himself out as a police officer
• A person who is not a protected services officer holds himself out as a protective services officer
• A person who is not a police recruit holds himself out as a police recruit.

Maximum penalties

The offence carries a maximum penalty of a fine of 120 penalty units, or imprisonment for one year, or both.

Who is a police officer?

A police officer is a person who has been sworn in as a Victorian police officer.

Who is a protective services officer?

A protective services officer is a person who is not a police officer but a specially trained law enforcement officer and who has limited powers under the Police Act 2013.

Protective services officers are used to help keep the public safe at high-risk and crowded areas like at train stations, courts, at Parliament House and at other declared places.

Who is a police recruit?

A police recruit is a person who has been accepted into he police force but is still undergoing training and probation. A police recruit does not yet have the full powers and responsibilities of a police officer.

Rationale for the offence

It is a serious offence to impersonate a police officer, police recruit or protective services officer because doing so could mislead and intimidate the public. A person who presents themselves as one of these types of officers may gain trust or exercise influence improperly. For the police to operate effectively, there needs to be no doubt as to who has the status of a police officer, police recruit, or protective services officer.

Likely penalty

Between June 2018 and June 2023, there were 11 charges of impersonating a police officer in Victoria. In 81% of those matters, the offender was sentenced to imprisonment. Other penalties included Community Corrections Orders, fines and Residential Treatment Orders.

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