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Police Power to Force the Disclosure of Identity

by Ugur Nedim
As a general rule, criminal defence lawyers will advise clients not to answer police questions. There are several reasons for this, one of which is that those who participate in police interviews will often inadvertently say things that lead to...

Police Want Further Dilution of Right to Silence

by Ugur Nedim
A little over two years ago, NSW Police were pushing then-Premier Barry O’Farrell to remove the right to silence for those accused of serious criminal offences. Back then, police argued that legal reform was desperately needed to address situations where...

Police to Access Bank Records Without A Warrant

by Ugur Nedim
The NSW Police Force announced last week that it will be seeking broad new powers to access bank data without a warrant, provided that police claim to suspect that a person is engaging in criminal conduct. If the laws are...

Rights Abused While in Police Custody

by Ugur Nedim
The safety and wellbeing of people being held in police custody is again in the spotlight with shocking allegations emerging that a woman was held for 16 hours at Ballarat police station in regional Victoria, and not provided with any...

What Happens If Police Damage My Property?

by Ugur Nedim
Recent changes to the law mean that police are getting more and more power. But fortunately, they cannot barge down your front door and come into your home without a legitimate reason. Police must have a legitimate reason come into...

The Right to Protest: A Thing of the Past

by Ugur Nedim
Protesting has long been a way for people to publicly express their views and demonstrate their grievances. It has achieved a great deal since the late 1800s; from workers rights to female suffrage, and from civil rights to environmental protections....

Will meta-data laws catch criminals, or turn civilians into suspects?

by Ugur Nedim
Last week, the Federal government’s controversial meta-data laws passed the Senate. The laws require internet and phone service providers (ISPs) to store your meta-data for a period of two years, and to hand that information over to a raft of...

Are Police Misusing their Power to Arrest?

by Ugur Nedim
One of our previous blogs discussed the case of a Sydney criminal lawyer who successfully sued the NSW police service after being wrongfully arrested on a train. There have been several other cases of wrongful arrest in NSW in recent...

Should Citizens have the Right to Arrest? Citizen’s Arrest Goes Wrong

by Ugur Nedim
Every Australian citizen has the right to make a citizen’s arrest if they witness a crime taking place, but along with that right comes certain responsibilities. Police have strict guidelines governing the use of force when making arrests, but the...

Nothing to Hide but Everything to Fear – Part 2 of our Special Series on the New Metadata Laws

by Ugur Nedim
Yesterday, we published part 1 of our two-part blog series about the Federal Government’s proposed meta-data retention laws which are now very close to being passed. The laws have been championed by Federal Attorney-General George Brandis as a key tool...
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