New Reports Released on Police Powers in NSW

Monday 20 January 2014 @ 10.46 a.m. | Crime

NSW Premier Barry O'Farrell has released two reports into the use of Police Powers under the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) (LEPRA) in late December 2013.

The reports focus on police powers in relation to investigations and questioning and the supplying of police officers’ details. Also released is the completed Statutory Review of LEPRA, which was due to be tabled in 2009.

Part 1 of the Report

In Part 1 of the Report (commissioned on 10 October 2013), the committee was asked to provide advice on legislative amendments to ensure police have clear, effective powers in order to do their job and protect the community.

Key recommendations from Part 1 of the Report included:

  • Section 99 should be simplified to reflect the policy intent that police can arrest without warrant if they reasonably suspect a person is committing or has committed an offence;
  • Section 99(1)(b) should be redrafted to include a finite list of reasons for arrest without warrant; 
  • Section 105 should be amended to allow a police officer to discontinue an arrest if necessary; and
  • Redraft of Section 99 to make it clear that an arrest that complies with that section also enlivens the powers under Part 9

The NSW Government has already acted on the first report and in November 2013 passed legislation to clarify police arrest powers.

Part 2 of the Report

 In Part 2 of the Report (also commissioned on 10 October 2013), the committee was asked to focus on:

  • Part 9 - investigations and questioning; and
  • Part 15 - safeguards in relation to police powers

Key recommendations from Part of the Report included:

  • Section 110 of Part 9 should be amended to take account of 2 types of people taking part in a police investigation - a detained person and a protected suspect; 
  • Division 3 of Part 9 should only apply when a person becomes a protected suspect ie. when they are suspected of committing an offence; 
  • The maximum time period requirements as defined by section 115 should not apply to protected suspects;
  • The initial investigation period in Section 115 be extended from 4 hours to 6 hours; and
  • Additional provisions should be added to deal with a person's change from a detained person to a protected suspect

The report has more information on these recommendations and other specific provision changes.

The NSW Government will provide a formal response to statutory review, including draft legislative changes, in early 2014.

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