Are Police Misusing their Power to Arrest?
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
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
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...
Nothing to Hide but Everything to Fear – Part 1 of our Special Series on the New Metadata Laws
There has been a great deal of political rhetoric lately about the federal government’s proposed meta-data retention laws, which would require internet and phone service providers (ISPs) to store your personal data for 2 years and make it available to...
Can I Have My Fingerprint and Photograph Records Destroyed?
If you are arrested or charged on suspicion of having committed a crime, the police will take certain details, sometimes known as criminal particulars, so they can verify your identity. These are usually in the form of fingerprints and photographs....
What are the Rules for Strip Searching?
“I removed my clothes one piece at a time as requested. When we had stripped down to our underwear in the street, we were searched. I honestly felt the only way to prevent the search becoming more intrusive or sexual...
Can Police Listen in When You Talk to your Lawyer?
The relationship between client and lawyer is usually considered to be a confidential one. For a client to feel comfortable talking openly to their lawyer, it’s important that they know nobody else is listening in and that confidential information won’t...
Why Do Innocent People Confess to Crimes they Never Committed?
Police love confessions, because it often makes their job so much easier, especially if there is no strong evidence to prove that the suspect committed the crime. A confession is often considered to be rock-solid evidence, but should it be?...
No Right to Silence in ICAC Investigations
The right to silence has been a cornerstone of the Australia criminal justice system up until recently, when several legislative amendments have led to it’s dilution. Nowadays, adverse inferences can be drawn from a person’s decision not to answer questions...
What Rights do Shop Assistants or Security Guards have to Search my Bag?
It is not uncommon upon leaving a store for a request to be made to check your bags, either by a security guard, or the retail staff. While being treated like a potential thief is never pleasant, do you have...
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