Court Security and Armed Police in NSW Courts
Friday 14 August 2015 @ 10.08 a.m. | Judiciary, Legal Profession & Procedure | Legal Research
Following a review by the Australian Federal Police and the NSW Government, (last discussed by TimeBase here), there has been an announcement that police officers may now keep their firearms when entering the courts in NSW.
Announcement Made by Department of Justice
On 4 August 2015, a new protocol announced by Deputy Premier and Minister for Justice and Police Troy Grant and Attorney General Gabrielle Upton allows police to wear their guns in court.The protocol has been signed by the NSW Sheriff and NSW Police Commissioner and was developed in consultation with the Chief Justice of the Supreme Court, the Chief Judge of the District Court and the Chief Magistrate of the Local Court.
Mr Grant said the new protocol outlines the circumstances in which police will be allowed to carry their guns as a standing arrangement, while not abrogating the right of judicial officers to control their court rooms. The circumstances include while police give evidence and brief prosecutors inside court rooms, and while police are within court complexes.
Prior to this protocol, police were not permitted to bring their guns into court unless they sought and gained special permission from the judiciary.
The change recognises Australia’s heightened terrorism alert and the risk posed to police, judicial officers and the community. It ensures compliance by police with ALERT 2015, which requires that all on-duty officers carry firearms and appointments, and exercise heightened vigilance and situational awareness.
Laws Regarding Court Security
In NSW, court security is governed by the Court Security Act 2005 (NSW) especially Part 6 where the Sheriff may delegate or appoint other Security Officers for the courts. However, it is interesting to note Section 23 of this Act which states that a delegation of the Sheriff's function is not permitted, bringing into question whether allowing police officers to wear their firearms into court is a delegation of the Sheriff's function at all.
According to the Media Release by the Department of Justice, The NSW Sheriff will remain responsible for enforcing court security and the new protocol will take effect on 10 August 2015 and its operation assessed in six months’ time or as needed in consultation with all parties.
Reaction from Lawyers and Police
Police Association President, Scott Weber, said:
“This decision delivers police, and all those attending Courts around the State, the protection and security they deserve...This support enables our members to protect themselves and the public...Given the environment we live and work in, this outcome is a win for both police and public safety. It is an example of good sense and sound judgement, and is a great example of the Police Association, NSW Police and the Government, through Deputy Premier Grant, working together to help protect those who protect NSW."
However, President of the NSW Bar Association Jane Needham SC said the new protocol on guns in court obscures the real problem relating to court security:
“If there are concerns regarding the security of our courts they should be directly confronted, rather than through a patchwork agreement that enables police officers to now carry their guns in courthouses...These ad hoc arrangements have the potential to cause confusion and harm in the event of a security incident in one of our courts...However, that oversight [of the Sheriff] is compromised by police officers carrying firearms in court and the potential for them to respond independently to possible incidents raises concerns for the safety of judicial officers and parties.”
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:
Court Security Act 2005 (NSW) as published on TimeBase LawOne
Department of Justice Media Release
Police NSW Media Release - 4 August 2015
