NSW follows National Trend in Expanding Police Powers
Tuesday 5 November 2013 @ 2.32 p.m. | Crime
Law and order matters have been at the forefront of many modern Australian political agendas, with a particular focus on strengthening police powers to address a variety of serious issues such as organised crime, alcohol related offences and public safety during large events. Whilst the expansion is not without controversy, the effect of augmenting police powers is supported by research and gives communities across Australia confidence that police will have the powers they need to keep the peace within the varied communities in which they work.
New South Wales
New South Wales, for example has recently drawn from a Bureau of Crime Statistics and Research report which found the biggest deterrent to criminals is the risk of arrest. After considering the report, the New South Wales Government proposed reforms, outlined in the Law Enforcement (Powers and Responsibilities) Amendment (Arrest without Warrant) Bill 2013, currently before Parliament. The Bill provides for amendments to the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) to extend police powers of arrest without warrant.
Currently, police may arrest without a warrant if there is suspicion on reasonable grounds that a person is committing an offence, has just committed an offence or has previously committed a serious indictable offence and the police officer suspects on reasonable grounds that the arrest is necessary for any one or more enumerated reasons.
The proposed new laws will not limit the power of arrest for previous offences to serious indictable offences and will extend the reasons for arrest without warrant to include additional reasons in line with section 365 of the Police Powers and Responsibilities Act 2000 of Queensland. Those additional reasons include to stop the person fleeing, to make inquiries to establish the identity of the person, to obtain property in the possession of the person connected with the offence, to preserve the safety or welfare of any person or because of the nature and seriousness of the offence.
Victoria
Similarly, the State Government in Victoria recently passed anti-fortification laws which came into effect in October. The new laws allow police to apply for a court order to have fortifications, like walls and other defences, removed from bikie gang property. Earlier this month, Victorian police staged the largest raid on a single club when it descended on Hells Angels clubhouses and members' homes, seizing guns, ammunition, drugs and cash.
Queensland
Queensland too has focused on increasing police powers, especially ahead of the G20 events in Cairns and Brisbane planned for early next year. Last week the Queensland Government passed legislation to strengthen police powers during the G20 events in Brisbane and Cairns. The legislation declares special security areas in the two cities, gives police extra search and arrest powers, and creates offences for actions such as crossing barriers and disrupting meetings.
Research and opinion polls have shown strong public support for police in many respects. Issues relating to police powers can be especially impassioned with many believing police are unnecessarily hampered by restrictions on their power to arrest and question suspects. On the other hand the Australian public is well aware of possible consequences of such powers including serious threats to civil liberties. Of course, whether these new laws are indeed a valid use of legislative power will be for the courts to decide.
TimeBase is an independent, privately owned Australian legal publisher specialising in the online delivery of accurate, comprehensive and innovative legislation research tools including LawOne and unique Point-in-Time Products.
Sources:
TimeBase LawOne - Law Enforcement (Powers and Responsibilities) Amendment (Arrest without Warrant) Bill 2013 (NSW)
