Psychadelic_Paisly
Bluelighter
- Joined
- Feb 10, 2003
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I know this isn't directly related to Drug disccusion, but I thought it still had an application to this thread. If the mods feel like this should be moved, probably to CE&P, then go crazy 
Police set to override right to silence
By Jason Dowling
September 19, 2004
http://www.theage.com.au/articles/2004/09/18/1095394059820.html?feed=rss
Liberty Victoria and the Criminal Bar Association have expressed alarm and disappointment at new legislation that will give Victoria Police coercive questioning powers and remove an individual's right to silence.
While royal commissions and the Australian Crime Commission have previously been granted the extreme powers, it is understood that Victoria Police will be the first state police body in Australia to have them.
"This is a radical departure from fundamental liberties," Brian Walters, SC, vice-president of Liberty Victoria, said. He added that the struggle against organised crime in the context of the gangland war was being used as a Trojan horse by police to gain massive new powers.
Under the legislation, which will be detailed by the Government during the next sitting of Parliament, Victoria Police are expected to be granted the power to compel individuals to answer questions or face prosecution.
The Government will not say if the person will be permitted to have a lawyer present and it is expected there will be no time limit on the interrogations.
The powers are also likely to be permanent, with no sunset clause.
The only safeguards in the legislation are expected to be the requirement for police to first gain approval from a Supreme Court justice before questioning and for the powers to be limited to cases involving organised crime.
But the legislation is also expected to prevent an individual targeted for questioning from having a legal representative present during the police application to the Supreme Court.
The Major Crime (Investigative Powers) Bill, was introduced for its first reading on Thursday and is expected to have its second reading on October 5.
Mr Walters said the right to remain silent is a long standing and absolutely fundamental right of individuals.
He said giving police coercive questioning power was a break from the previous model of appointing these powers to royal commissions where "people are aware, in detail, of the issues involved and are not themselves partisan".
"Giving the right to the police is a serious departure from that because police are responsible for laying charges - it is a serious conflict of interest," Mr Walters said. "The irony of all this is that it is being introduced in the context of major and unanswered evidence of corruption on the part of the Victoria Police force."
Ed Lorkin, of the Criminal Bar Association, said granting of coercive questioning power required far greater community scrutiny than had occurred.
"If the Government is confident about these changes, why on earth have they not made them available for the normal consultation process?" he said.
Mr Lorkin said to compel a person to incriminate themselves "is to take us close to a police state".
But a spokeswoman for the Premier said criticism of the legislation should wait until the bill is tabled in October. "They are probably being a little alarmist and they should wait to see the detail of the legislation."
Police Minister Andre Haermeyer's office said it could not comment until the legislation was tabled in Parliament.
The State Opposition is unlikely to criticise the new powers. Opposition police spokesman Kim Wells said the Opposition supported tougher laws on organised crime.
Police set to override right to silence
By Jason Dowling
September 19, 2004
http://www.theage.com.au/articles/2004/09/18/1095394059820.html?feed=rss
Liberty Victoria and the Criminal Bar Association have expressed alarm and disappointment at new legislation that will give Victoria Police coercive questioning powers and remove an individual's right to silence.
While royal commissions and the Australian Crime Commission have previously been granted the extreme powers, it is understood that Victoria Police will be the first state police body in Australia to have them.
"This is a radical departure from fundamental liberties," Brian Walters, SC, vice-president of Liberty Victoria, said. He added that the struggle against organised crime in the context of the gangland war was being used as a Trojan horse by police to gain massive new powers.
Under the legislation, which will be detailed by the Government during the next sitting of Parliament, Victoria Police are expected to be granted the power to compel individuals to answer questions or face prosecution.
The Government will not say if the person will be permitted to have a lawyer present and it is expected there will be no time limit on the interrogations.
The powers are also likely to be permanent, with no sunset clause.
The only safeguards in the legislation are expected to be the requirement for police to first gain approval from a Supreme Court justice before questioning and for the powers to be limited to cases involving organised crime.
But the legislation is also expected to prevent an individual targeted for questioning from having a legal representative present during the police application to the Supreme Court.
The Major Crime (Investigative Powers) Bill, was introduced for its first reading on Thursday and is expected to have its second reading on October 5.
Mr Walters said the right to remain silent is a long standing and absolutely fundamental right of individuals.
He said giving police coercive questioning power was a break from the previous model of appointing these powers to royal commissions where "people are aware, in detail, of the issues involved and are not themselves partisan".
"Giving the right to the police is a serious departure from that because police are responsible for laying charges - it is a serious conflict of interest," Mr Walters said. "The irony of all this is that it is being introduced in the context of major and unanswered evidence of corruption on the part of the Victoria Police force."
Ed Lorkin, of the Criminal Bar Association, said granting of coercive questioning power required far greater community scrutiny than had occurred.
"If the Government is confident about these changes, why on earth have they not made them available for the normal consultation process?" he said.
Mr Lorkin said to compel a person to incriminate themselves "is to take us close to a police state".
But a spokeswoman for the Premier said criticism of the legislation should wait until the bill is tabled in October. "They are probably being a little alarmist and they should wait to see the detail of the legislation."
Police Minister Andre Haermeyer's office said it could not comment until the legislation was tabled in Parliament.
The State Opposition is unlikely to criticise the new powers. Opposition police spokesman Kim Wells said the Opposition supported tougher laws on organised crime.
