NCJ Number
128508
Date Published
1989
Length
11 pages
Annotation
This chapter examines the nature of police powers in Queensland, Australia, issues in the balance between police powers of public protection and citizens' civil liberties, and proposals for new police powers.
Abstract
Whenever criminals appear to gain the upper hand in their battle with the police, there are always calls for greater police investigative powers. Greater police powers, however, threaten existing civil liberties that ensure citizens reasonable protection from unreasonable police interventions. The essence of investigative power is the ability to obtain information. In Australia, legislation to protect citizens from breaches of personal privacy by either government or nongovernmental organizations has been slow. Current laws covering information tend to address only freedom of access to government information and the privacy of personal information. Impractical restrictions on the exchange of information among law enforcement agencies should be eliminated to aid useful information exchange. Application to the judiciary for information access may be the preferable policy. This chapter lists existing law enforcement investigative powers in Queensland as well as some of the measures that should be considered in any comprehensive review of law enforcement powers. Particular attention is given to informant incentives and the forfeiture of illegal gains. The chapter concludes with a recommendation that police be penalized for failure to report observed or known illegal activity be fellow officers.