Proposed Law could allow ASIO to use Torture when Investigating Terrorism
On September 18, ASIO conducted what has been called the largest anti-terrorism raids in our history. Over 800 specially trained officers conducted raids on 25 houses across Brisbane and Sydney. Two people were arrested, and one charged. While the threat...
Do we have Adequate Safeguards against False Imprisonment in NSW?
Back in 2009, one lawyer managed to score a satisfying victory in court after police officers falsely arrested her. 57-year-old Andrea Turner was on a train and on her way to a bush walk. A police officer doing a routine...
Has the NSW Government Lost the Plot on Bail?
The NSW Bail Amendment Bill 2014 appears to showcase the sort of messy governmental decision-making that comes from populist knee-jerk reactions. Within just weeks of the existing Bail Act 2013 coming into operation on May 20 this year, the Baird...
Wrongly Accused – What are Your Rights?
We recently published a Facebook post regarding the child sex claims against singer Cliff Richard, who has denied the allegations and has not been arrested or charged. The post reached 1.5 million people, whose views on the matter are heavily...
What Happens During an Identification Parade?
According to the Australian Law Reform Commission, identification parades are still the most reliable form of eyewitness identification. They are used when a witness who allegedly saw the suspect is asked to identify him or her from amongst a group...
Police Drug Dogs and Your Rights if They Touch You
Police drug dogs are a common sight at airports, music festivals and at any number of other places or events where police believe that there is a chance people may be carrying illegal drugs. The law states that police aren’t...
Acting as a Support Person at the Police Station
When a person is arrested they have certain rights. If they are under the age of 18 or are considered vulnerable for other reasons such as a disability or intellectual impairment, a person who is under arrest is entitled to...
When can police arrest without a warrant?
Under the current law, in the Law Enforcement (Powers and Responsibilities) Act, you can be arrested without a warrant when: If you are in the act of committing a statutory offence; If you have just committed a statutory offence; or If...
Seeking Costs against Police at Court
If you have been wrongly arrested or charged with a crime, you (or your lawyer on your behalf) will still almost certainly be required to go to court to ensure that the charges are properly withdrawn. Court costs and legal...
Recent Changes to Police Powers in NSW
A bill giving NSW police increased powers to arrest people without a warrant has been signed off. The changes were introduced to NSW Parliament late last year, in a bill known as the Law Enforcement (Powers and Responsibilities) Amendment (Arrest without...