NCJ Number
103726
Date Published
1985
Length
11 pages
Annotation
After outlining the general development of criminal law in Australia, this paper reviews police statutory powers to arrest, to detain for questioning, to stop and frisk, to search premises and seize property, and to prosecute; police agencies' vulnerability to vicarious liability is also discussed.
Abstract
Police powers of arrest in the various States and territories, although having some common characteristics, differ according to the statutes of those jurisdictions. Overall, police authority to arrest without warrant has been enlarged by statute. Police power to arrest in each State and territory is reviewed. In no jurisdiction can police detain persons against their wills for questioning. Police power to stop and search persons for evidence of a crime is generally limited to reasonable suspicion of firearms, drugs, and national security offenses. Laws specify when police may enter private premises to search and seize property with and without a warrant. The issue of police employers' liability for the actions of police officers in their employ (vicarious liability) has been addressed by State and territorial statutes. Police conduct most prosecutions in courts of summary jurisdiction (first court level) and also in the childrens' courts.