1. POLICE DO NOT HAVE UNLIMITED POWER
THRESHOLD CONCEPT
HSC LEGAL STUDIES
2013
POLICE DO NOT HAVE UNLIMITED POWER

2. POLICE POWERS
Most police powers in NSW are set out in the Law Enforcement (Powers and Responsibilities) Act 2002 (LEPRA).
LEPRA was introduced into Parliament in 2001, in response to the Wood Royal Commission recommendation that NSW police powers be all put into one single law.

3. POLICE POWERS
Increasing police powers
When it was originally passed, LEPRA did not give police any big extra powers.
However, since then, LOTS of new powers have been introduced that have significantly increased police powers:
e.g. emergency public disorder powers
powers to move on groups of intoxicated people
gang-related powers and covert search warrants.
These new powers have thrown-off the BALANCE between the rights of individuals and police.

4. There is no safeguard to protect people who are searched by "consent”
POLICE POWERS
Searches by “consent”
There is no safeguard to protect people who are searched by "consent”
Some people follow requests by police to empty their pockets because they don’t understand that they have a choice (DPP v Leonard (2001))
As with the right to silence, forensic procedures, etc, police SHOULD have to tell the person whether a search is voluntary or compulsory.

5. Emergency public disorder powers
POLICE POWERS
Emergency public disorder powers
These new police powers were brought in by the Law Enforcement Legislation Amendment (Public Safety) Act 2005 following the Cronulla riots.
There was originally a ‘sunset clause’ in the law.
This meant that it was supposed to “run out” once the riots were no longer a threat.
But the NSW parliament made the change permanent (it’s like we’re ALWAYS in an emergency now!).

6. Arrest is not being used a last resort
POLICE POWERS
Arrest is not being used a last resort
According the the LEPRA, arrest is supposed to ONLY be used as a last resort.
BUT, an inquiry by the Ombudsman found that POLICE don’t seem to understand this – they SEEM to think that they have the power to arrest for the purposes of investigation.

7. POLICE POWERS
‘Consorting’ laws
Police have been accused of abusing the new ‘consorting law’ in NSW (the Crimes Amendment (Consorting and Organised Crime) Act 2012 (NSW)).
Police are able to charge people for communicating four or more times with a convicted criminal. The maximum jail term for this is 3 years.
The first person convicted under the law was a man on a disability pension who couldn’t read or write. His conviction was overturned, but the law remained. The point has been made that the police shouldn’t have abused their power, which was originally given to deal with bikie gangs, to target small-time troublemakers.
- Give anyone too much power and they’re going to abuse it, SMH, 2012

8. Civil remedies when people are mistreated by police
POLICE POWERS
Civil remedies when people are mistreated by police
A person who has been unlawfully arrested, detained or searched may be able to get damages (money) for TORTS such as wrongful arrest, false imprisonment, assault, battery and even defamation.
Issuing AVOs
In 2013, police were given new powers to issue AVOs.

9. Questions What does LEPRA stand for? (slide 2)
What did the LEPRA do (related to Wood Royal Commission – see slide 2)
Placing police procedures into a statute (codifying them) is a good thing. But what has happened to the LEPRA that can be considered a bad thing? (see slide 3)
And this is a bad thing in relation to what? (see bottom of slide 3 and think about your themes and challenges)
What are searches by consent? How can they affect the public’s rights? (see slide 4)
What are emergency public disorder powers? Why were they introduced? What has happened to these laws that further diminish individuals’ rights? (see slide 5)
What else does the LEPRA say? (slide 6) Do Police know about this? What theme and challenge does this relate to?
What are the consorting laws? Are they being used effectively by the Police? Why/why not? Do you have evidence to back yourself up? (all found in slide 7)
What does the LEPRA say that is a good thing for publics’ rights? (slide 8)
Extension
Create a table with 3 columns, “law”, “advantages”, “disadvantages”. Use this table to create a quick guide about the good things in the LEPRA and bad things.