The Criminal Investigation Process

Positive Police Powers Discretion

1. Teens arrested in counter-terror raids 2024

   • NSW Police Deputy Commissioner David Hudson

     • “evidence was reviewed and considered,”

     • “unacceptable risk to the people of NSW”

2. Richard Buttrose arrest 2009

   • SMH 2009

     • A warrant was acquired to search “a property in Darling Point”

     • “they found 7.7 kilograms of cocaine and almost $1.3 million in cash at the property”

     • “Buttrose behind bars after raid”

3. Law Enforcement Conduct Commission review caused the shut down of SMTP 2023

   • Law Enforcement Conduct Commission 2023

     • “On going discriminatory effect”

     • “overrepresentation of young aboriginal STMP targets”

Positive Police Powers Reflects moral and ethical standards

1. BOCSAR statistic 2023-2024

   • NSW Bureau of Crime Statistics and Research crimes trends dashboard 2023-2024

     • The reduction of robbery offences from 2014 - 2015 with 3,190 incidents down 2,004

2. Resolve political monitor survey of 1603 people

   • finding that 69% of survey participants trusted the police.

3. Teens arrested in counter-terror raids 2024

   • NSW Police Deputy Commissioner David Hudson

     • “evidence was reviewed and considered,”

     • “unacceptable risk to the people of NSW”

Positive Police Powers law reform

1. Crimes Legislation Amendment (Police Powers at Airports) Bill 2019 

   • “introduce new move-on powers” 

     • person not take a flight, or leave the airport

2. Law Enforcement Conduct Commission review caused the shut down of SMTP 2023

   • Law Enforcement Conduct Commission 2023

     • “On going discriminatory effect”

     • “overrepresentation of young aboriginal STMP targets”

3. Terrorism Legislation Amendment (Police Powers and Parole) Act 2017

   • Authorises police to use the force “that is reasonably necessary”

   • “to defend any persons threatened by the terrorist act”

Positive Police Powers Balancing Rights

1. BOCSAR statistic 2023-2024

   • NSW Bureau of Crime Statistics and Research crimes trends dashboard 2023-2024

     • The reduction of robbery offences from 2014 - 2015 with 3,190 incidents down 2,004

2. Resolve political monitor survey of 1603 people

   • finding that 69% of survey participants trusted the police.

3. Teens arrested in counter-terror raids 2024

   • NSW Police Deputy Commissioner David Hudson

     • “evidence was reviewed and considered,”

     • “unacceptable risk to the people of NSW”

Negative Police Powers Discretion

1. Police officer tasers elderly woman 2023

   • People with Disability Australia 2023

     • “the situation should have been de-escalated by police”

2. The 2012 consorting laws.

   • (SMH 2016)

     • Though the “legislation was originally designed to tackle organised crime”

   • The acting ombudsman professor John McMillan

     • “an exceptionally high level of policing error”

     • “targeted children who are only suspected of committing offences”

3. The Suspect Targeting Management Plan (STMP)

   • Target people 'police believe likely to commit future crime'

   • The Law Enforcement Conduct Commission revealing

     • “On going discriminatory effect”

     • “overrepresentation of young aboriginal STMP targets”

Negative Police Powers Morals and Ethics

1. Police officer tasers elderly woman 2023

   • People with Disability Australia 2023

     • “the situation should have been de-escalated by police”

2. The 2012 consorting laws.

   • (SMH 2016)

     • Though the “legislation was originally designed to tackle organised crime”

   • The acting ombudsman professor John McMillan

     • “an exceptionally high level of policing error”

     • “targeted children who are only suspected of committing offences”

3. The Suspect Targeting Management Plan (STMP)

   • Target people 'police believe likely to commit future crime'

   • The Law Enforcement Conduct Commission revealing

     • “On going discriminatory effect”

     • “overrepresentation of young aboriginal STMP targets”

Negative Police Powers Law Reform

1. Invasive strip searches of children

   • Redfern Legal Centre 2024

     • “An average of 220 children each year” were subject to an invasive strip search.

     • A “need for reform”

2. The 2012 consorting laws.

   • (SMH 2016)

     • Though the “legislation was originally designed to tackle organised crime”

   • The acting ombudsman professor John McMillan

     • “an exceptionally high level of policing error”

     • “targeted children who are only suspected of committing offences”

3. New covert search warrants give police up to three years to delay informing targets they had carried out a raid on their property.

   • Latest police weapon: a secret search - SMH 2009 

     • “New laws could lead to an abuse of police powers and restrict the rights of citizens”

Negative Police Powers Balancing Rights

1. Police officer tasers elderly woman 2023

   • People with Disability Australia 2023

     • “the situation should have been de-escalated by police”

2. The 2012 consorting laws.

   • (SMH 2016)

     • Though the “legislation was originally designed to tackle organised crime”

   • The acting ombudsman professor John McMillan

     • “an exceptionally high level of policing error”

     • “targeted children who are only suspected of committing offences”

3. The Suspect Targeting Management Plan (STMP)

   • Target people 'police believe likely to commit future crime'

   • The Law Enforcement Conduct Commission revealing

     • “On going discriminatory effect”

     • “overrepresentation of young aboriginal STMP targets”

Bail and Remand Discretion

1. Minns flags tougher bail laws for high-risk domestic violence orders - SMH 2024

   • “The NSW government will introduce changes to bail laws to make it harder for men deemed a high risk of committing future domestic violence offences to be released from jail”

2. New bail and fire arms laws after lindt seige

   • Introduced presumption against bail for terrorist offences

   • the "unacceptable risk" test for bail.

   • Australian Lawyer's Alliance spokesman and barrister Greg Barns

     • “gone too far”

     • "sending New South Wales down a very slippery slope towards authoritarianism,”

   • created by legislative assembly in government

3. SMH 2023 statistic

   • “Only two in five prisoners in NSW jails have been convicted of a crime” 

   • “Experts say a decade of bail reforms has led to vulnerable people serving time they otherwise might not have for minor crimes, contributing to a cycle of poverty, homelessness and incarceration”

Bail and Remand Morals and Ethics

1. Minns flags tougher bail laws for high-risk domestic violence orders - SMH 2024

   • “The NSW government will introduce changes to bail laws to make it harder for men deemed a high risk of committing future domestic violence offences to be released from jail”

2. New bail and fire arms laws after lindt seige

   • Introduced presumption against bail for terrorist offences

   • the "unacceptable risk" test for bail.

   • Australian Lawyer's Alliance spokesman and barrister Greg Barns

     • “gone too far”

     • "sending New South Wales down a very slippery slope towards authoritarianism,”

   • created by legislative assembly in government

3. SMH 2023 statistic

   • “Only two in five prisoners in NSW jails have been convicted of a crime” 

   • “Experts say a decade of bail reforms has led to vulnerable people serving time they otherwise might not have for minor crimes, contributing to a cycle of poverty, homelessness and incarceration”

Bail and Remand Law Reform

1. Minns flags tougher bail laws for high-risk domestic violence orders - SMH 2024

   • “The NSW government will introduce changes to bail laws to make it harder for men deemed a high risk of committing future domestic violence offences to be released from jail”

2. New bail and fire arms laws after lindt seige

   • Introduced presumption against bail for terrorist offences

   • the "unacceptable risk" test for bail.

   • Australian Lawyer's Alliance spokesman and barrister Greg Barns

     • “gone too far”

     • "sending New South Wales down a very slippery slope towards authoritarianism,”

   • created by legislative assembly in government

3. SMH 2023 statistic

   • “Only two in five prisoners in NSW jails have been convicted of a crime” 

   • “Experts say a decade of bail reforms has led to vulnerable people serving time they otherwise might not have for minor crimes, contributing to a cycle of poverty, homelessness and incarceration”

Bail and Remand Balancing Rights

1. Minns flags tougher bail laws for high-risk domestic violence orders - SMH 2024

   • “The NSW government will introduce changes to bail laws to make it harder for men deemed a high risk of committing future domestic violence offences to be released from jail”

2. New bail and fire arms laws after lindt seige

   • Introduced presumption against bail for terrorist offences

   • the "unacceptable risk" test for bail.

   • Australian Lawyer's Alliance spokesman and barrister Greg Barns

     • “gone too far”

     • "sending New South Wales down a very slippery slope towards authoritarianism,”

   • created by legislative assembly in government

3. SMH 2023 statistic

   • “Only two in five prisoners in NSW jails have been convicted of a crime” 

   • “Experts say a decade of bail reforms has led to vulnerable people serving time they otherwise might not have for minor crimes, contributing to a cycle of poverty, homelessness and incarceration”