Hundreds of Victoria Police officers incorrectly sworn in over seven years

Legal experts say thousands of criminals could potentially have their convictions quashed after a bungle saw police officers wrongly sworn in.

Thousands of criminals could potentially have their convictions quashed after a Victoria Police administrative bungle, according to legal experts.

The blunder saw 1262 police officers, PSOs and police custody officers wrongly sworn in between 2014 and 2021 due to amendments to the Victoria Police Act made by the Napthine government.

Legislation to backdate the affected police officers’ powers will be introduced to parliament in the next sitting week, while the force scrambles to hold mass swearing-in sessions online, with three assistant commissioners racing through brief ceremonies from headquarters in Spencer St over coming days.

Thursday’s announcement caused confusion in the courts and led to high-profile police misconduct case involving former AFL coach Dani Laidley to be temporarily stood down.

Affected officers have been told to talk to prosecutors immediately about any current cases they have running to avoid similar scenes.

More than 1000 Victoria Police officers were wrongly sworn in. Picture: Sarah Matray

Prominent Melbourne QC David Galbally said the bungle was an “amazing” set of circumstances that was likely to clog up the court system for years.

“Anything can happen in the criminal law system, each case will be judged on its merits,” he said.

“It will depend on the facts and circumstances of each case. If there is sufficient evidence elsewhere that can uphold a conviction, it will be upheld. If there is not, and it is entirely dependent on evidence of officer then it won’t stand up. It will throw a lot of arrests that have taken place into chaos.”

He said lawyers across the state would be investigating the status of police officers who had arrested their clients.

Victoria Police Chief Commissioner Shane Patton said the saga could have “very bad consequences”.

“They were sworn in, but the person swearing them in didn’t have the valid powers to do so, so they didn’t get the powers of a police officer,” he said.

“They haven’t had those valid powers that are special, that only police get given to them to enforce separate laws above what a normal citizen has.”

Australian Lawyers Alliance spokesman Greg Barns SC said there would be a “whole range of implications”.

“It is not as simple as what Shane Patton makes out,” Mr Barns said.

“There needs to be a full inquiry into this, a full reckoning into how many people are impacted by this and in what way.”

Mr Barns said the latest bungle showed “systematic failures” within Victoria Police.

He cited when retrospective legislation introduced in 2012 to stop more than 6,000 court cases from being jeopardised by unsworn police affidavits.

“If you are charged, it is not simply good enough for the government to pass retrospective legislation,” he said.

Police Minister Lisa Neville revealed the bungle on Thursday. Picture: Luis Enrique Ascui

Liberty Victoria president Michael Stanton said it was likely to create “significant backlog” in the courts.

“There is already extensive delays,” he said.

“A number of matters will be adjourned until the retrospective legislation is introduced. This leaves accused people, witnesses and victims in limbo.

“It is going to be at a significant public expense for all matters to be checked.”

The force hopes to have most of the 1076 members under question sworn in by the end of the weekend.

In a statement, the Police Association of Victoria said it was aware of the “unintended and highly technical administrative error”.

“We understand that Victoria Police will move decisively and quickly to remedy this situation so that our members can get back to doing what they do best — looking after the community,” it said.

“We will support the members impacted in any way we can and ensure that their legal and industrial rights are protected, as this issue is rectified.”

The state opposition has vowed to help push through urgent legislation to rectify the issue.

“We will support the government to bring through any changes to protect Victoria Police,” opposition police spokesman Brad Battin said.