Changes to the Police Administration Act introduced last week into the NT Parliament are unnecessary and give police powers that belong in a police state says the North Australian Aboriginal Justice Agency.
The law will allow police to detain a person for 4 hours without charge if police believe they have committed, were committing or were about to commit a minor offence that could otherwise be dealt with by way of infringement notice.
‘Police already have the power to arrest people who commit offences and need to be taken off the street to protect public safety. But this law would allow police to arrest you for a minor offence and lock you up for four hours. You can’t apply for bail. You won’t be taken before a Magistrate. You can protest your innocence all you like, but nobody needs to decide if you are innocent or guilty. You are detained because of police say so. Now that’s a law that allows for arbitrary detention and belongs in a police state, not the Northern Territory’ said Jonathon Hunyor, NAAJA Principal Legal Officer.
‘It’s not good enough to say this gives police flexibility and efficiency. There is a reason why police have to bring cases to court: only courts can decide guilt and innocence and impose punishment. This law effectively allows police to impose a sentence of four hours without a charge even being laid’ said Mr Hunyor.
The range of offending covered by the proposed law is also excessive. The law would apply to a range of minor offences including playing a musical instrument so as to annoy (s 76 Summary Offences Act) and failing to keep your yard (s 78 Summary Offences Act).
‘Do we really think police should be allowed to lock up Territorians for four hours for minor offences? We know that this law will impact overwhelmingly on Aboriginal people and again the lessons of the Royal Commission into Aboriginal Deaths in Custody are being ignored. That stressed that we need to lock less Aboriginal people up to avoid deaths in custody. This is a bad law and Territorians should not accept it’ said Mr Hunyor.
Media inquiries:
Jonathon Hunyor (08) 8982 5189
0410 359 293