VIC Received a Banning Notice - Will I Get a Criminal Record?

[melgg]

Last Sunday night, I made a stupid mistake in St. Kilda. I talked to a street sex worker, then was pulled over by a cop. I got a banning notice for 72 hours in that area.

I just want to know what would happen after this. Will I get a fine ticket? A court attendance letter? Or worse, like criminal record?

Thanks a lot.

 

[Iamthelaw]

Although 72 hours may pass by the time you've read this have you given some thought to appealing this notice?

Although these notices came into fruition to initially curb alcohol related violence and anti-social behaviour, the police can now issue them in 'anticipation' of a specified offence or any disorderly or anti-social behaviour perceived by the issuing officer. I doubt that stopping to talk to a woman on the side of the road would constitute either.

In answer to your original question: You don't have to attend court. There will be an entry in the police LEAP database but this does not mean you have a criminal record. It only becomes an issue if you breach the order eg, by going back into the area within the 72 hour time period.

 

[melgg]

Thanks a lot for your answer. You mentioned I don't have to go to court. Does it mean, if I'm not back to that area in 72hours, or not going to appeal this notice, I won't ask to go to court?

Another thing I'm worried about is the entry of LEAP. So every time when I get a national police check, this record will be displayed? And how long it will be there?

And does this mean, I need mention this mistake every time when I'm asked for any bad record? Like application of oversea visa something?

I'm so stressed now.

Thanks a lot

Although 72 hours may pass by the time you've read this have you given some thought to appealing this notice?

Although these notices came into fruition to initially curb alcohol related violence and anti-social behaviour, the police can now issue them in 'anticipation' of a specified offence or any disorderly or anti-social behaviour perceived by the issuing officer. I doubt that stopping to talk to a woman on the side of the road would constitute either.

In answer to your original question: You don't have to attend court. There will be an entry in the police LEAP database but this does not mean you have a criminal record. It only becomes an issue if you breach the order eg, by going back into the area within the 72 hour time period.

 

[Tim W]

While on the one hand, I agree with @Iamthelaw,
in the alternative, you may find a path to finality by doing nothing.

Go home, sit down, and stay out of there for more than 72 hours, and this will all be over.

And while you may now be "known to police" in the sense that
they made a note in a database that, one time, they spoke to you,
unless you become a frequent flyer, they will have no further interest in you.

 

[melgg]

Hi Tim

Thanks a lot. I won't make same thing again. But how about national police check, this case will be on it or not. I'm so worried about this.and I also want to know I was pulled over by police, does this mean i was under arrest?

Thanks a lot

While on the one hand, I agree with @Iamthelaw,
in the alternative, you may find a path to finality by doing nothing.

Go home, sit down, and stay out of there for more than 72 hours, and this will all be over.

And while you may now be "known to police" in the sense that
they made a note in a database that, one time, they spoke to you,
unless you become a frequent flyer, they will have no further interest in you.

 

[Iamthelaw]

LEAP is just the internal police database, it will not show up on any national police check/employment check, you do not have to mention it on criminal record check questions.

You won't go to court for this - It will only become an issue if you breach it, for example: if you go back into the area within the 72 hour time frame.

 

[melgg]

@lamthelaw thanks a lot. I won't break the notice. Now I feel much better. Really thank you. But this record will stay in police database for ever?

Also I was pulled over by police, is this so called under arrest?

Thanks again

LEAP is just the internal police database, it will not show up on any national police check/employment check, you do not have to mention it on criminal record check questions.

You won't go to court for this - It will only become an issue if you breach it, for example: if you go back into the area within the 72 hour time frame.

 

[Tim W]

@lamthelaw thanks a lot. I won't break the notice. Now I feel much better. Really thank you. But this record will stay in police database for ever?

Pretty much. But don't worry about it. You have not become a black-marked outlaw, just because a cop shoo-ed you away from a working girl.

Also I was pulled over by police, is this so called under arrest?

Had you been arrested, you would be in no doubt of it.
In any event, police powers to stop vehicles are different from, and a long way short of, the power of arrest.

Further, if you choose to engage with sex workers, there is a licensing system in Victoria for brothels.
Being a client of a licensed operation provides a certain degree of consumer protection for you,
and something resembling Fair Work and WHS for the workers.
You may care to make future choices accordingly.

 

[melgg]

Hi Tim

Thanks a lot. Now I'm clear now. I was only worried about national police check, criminal records and criminal record check question those staff.

Thanks again

Pretty much. But don't worry about it. You have not become a black-marked outlaw, just because a cop shoo-ed you away from a working girl. Had you been arrested, you would be in no doubt of it.
In any event, police powers to stop vehicles are different from, and a long way short of, the power of arrest.

Further, if you choose to engage with sex workers, there is a licensing system in Victoria for brothels.
Being a client of a licensed operation provides a certain degree of consumer protection for you,
and something resembling Fair Work and WHS for the workers.
You may care to make future choices accordingly.