New Stop and Search Laws to Bring WA Closer to Police State – The WA Law Society

From The Law Society of WA:

The Law Society of Western Australia agrees that the ‘stop and search’ laws bring WA closer to becoming a police state.

Proposed new stop and search laws currently being debated in Parliament would put Western Australia one step closer to a police state, says the Law Society of Western Australia.

The Liberal Government’s proposed legislation would make it easier for police to stop and search persons and vehicles in designated precincts such as Northbridge without having to prove grounds of suspicion.

“This is a gross erosion of our civil liberties, where people can be stopped and searched simply going about their business,” says Society President Dudley Stow.

“This is yet another example of the government’s law and order agenda moving us closer to a police state, undermining some of our basic democratic rights and freedoms as citizens.

“Already we have seen with the mandatory sentencing laws that the police and the Director of Public Prosecutions are being given discretionary powers to, in effect, determine whether a person would go to prison, rather than have a judge determine the matter as part of the independent judicial process.”

The Society also questions claims made during the stop and search debate that the current laws are not tough enough and many who face court on charges related to stop and search powers are ultimately acquitted.

“Western Australia’s stop and search laws are already some of the widest-reaching in the country, and far exceed most other western nations’ laws,” says Mr Stow.

“The proposed reforms are unnecessary, particularly as the government cannot point to any cases under the existing legislation where evidence has been excluded due to inadequate search powers, resulting in acquittal.

“The Law Society of Western Australia is gravely concerned that elected Members of Parliament are not considering all the issues and, in particular, are not taking into account a person’s civil rights. Society’s civil rights have evolved and developed over many generations and in some instances were hard-fought for and now being forgone by elected parliamentarians all in the name of policing and being seen to be ‘tough on crime’.”

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3 Comments

  1. Vanessa Cicchini
    Posted October 7, 2010 at 9:27 pm | Permalink

    I fear it has happened already :(

    Earlier this year, our house was broken into by the police. They left us a grotty business card apologising and that they were looking for a violent offender. They didn’t even board up the window and it was left like that for 10 hours until I got home.

    My boyfriend and a friend from Germany went on a roadtrip to Exmouth 2 weeks ago….in a matter of 3 days they were stopped 3 times by the police. All 3 times he was breathlysed and drug tested and on one of those occassions they searched the vehicle.

  2. Posted November 5, 2010 at 9:13 pm | Permalink

    I was pulled over in a country town last week after locking a gate, returning to my vehicle, indicating and pulling out of the drive, then putting my seat belt on. The officer said “I didn’t see your belt on when you were in the car at the gate.”, then said “Besides that, we didn’t see you trying to put it on although it seems to be now..” They breathalyzed me, then fined me $500.00 for ‘Failure to wear a seat belt’, and said I was lucky that I wasn’t fined for not changing my address. I also lost 4 points.

  3. legal v lawful
    Posted November 19, 2010 at 12:34 pm | Permalink

    I saw “the force” on tv last night and they had police officers with dogs searching anyone and everyone walking past. surely this is violating peoples rights??? where is their cause for suspiscion??? it’s wrong!!!

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    • We want your help to protect civil rights in our society. The freedom to associate; freedom from arbitrary police attention; freedom of speech; and freedom of movement can all too easily be removed from our lives. The appearance of being ‘tough on crime’ all too often masks an inability of government to properly deal with social problems, and takes rights away from the people the government is intended to serve.
    • Search For Your Rights was originally founded to stop the Criminal Investigation Amendment Bill 2009 known as ‘stop and search’ laws. This Bill was rejected by the Legislative Council after eleven months of investigation found that the bill has no justification or benefit.
    • This legislation proposed to remove the requirement of reasonable suspicion. Removing the need for reasonable suspicion opens the door for unreasonable searches.
    • That bill failed to pass into law: thanks to the opposition of the community.
    • But bills like this keep on coming. The CHOGM Special Regulations and the Criminal Organisation Control Bill 2011 are just two recent examples.
    • These bills remove accountability and defence for victims; and they attack the cornerstones of our justice system. The Criminal Organisation Control Bill 2011 is not ‘anti-bikie’- it is anti-association.
    • We respect police, and we understand that they have a difficult job.  However, these laws will not increase safety.
    • Instead they will push the problem into different areas, decrease respect for police, and find nothing that the police do not already have the powers to find.
    • Are you ready to have your rights sacrificed for nothing?

    • You can help to protect your rights!
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