Police Powers in N.S.W

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Police Powers in N.S.W

The Police Force in N.S.W must have sufficient powers so that they are

able to enforce the law properly and effectively for the safety of the

community and its occupants.

Powers, which provide Police to maintain and enforce the law, include:

stop search powers, powers of arrest, move on powers, confiscation

powers and the power to obtain personal details along with various

others.

Search powers permit police officers, for example, who have reasonable

cause to suspect that a person has unlawful custody of a dangerous

implement, to search the person and to examine any other personal

effects, the person in question has with them (Summary Offences Act

section 28A). After this search police may confiscate the implement or

implements in the possession of the person who has it in their

unlawful custody (Summary Offences Act 28B). After this the officer

may formally charge the person or proceed with a summons, now the

person must divulge their name and address. They must also give

details if an officer believes that the person was of any way a

potential suspect or person of interest to an indictable offence where

the officer, on reasonable grounds believes that the person was at or

near the alleged offence when it occurred (Crimes Act section 563).

If police officers come across anything of an illegal nature during

the use of their powers which is not what they originally, set out to

find. The person maybe immediately placed under arrest. Under Crimes

Act section 352, (a,b) which states that any constable or other person

may arrest without a warrant if the person has violated a law whether

the offence be indictable or summary in nature. The police officer

then may take him and any property found on him before a authorized

justice to be dealt with according to the law.

As a result of the Cornulla riots reforms have been newly introduced

which allow police powers to be vastly increased. Amendments that

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