Sunday, 8 December 2013

NSW Police arrest laws toughened

I'm considering writing to someone in the state parliament about the police being able to take you away without telling you WTF is going on. And wouldn't you know it, a cursory look into this subject reveals that police arrest powers in New South Wales have only just been increased about 6 weeks ago. some big toughening up as the dastardly public has been succeeding in getting off charges because the neanderthal cops are too busy trying to raise their knuckles off the ground than to actually carry out a lawful arrest. 

The solution? Educate the neanderthals? Of course not! The state gov has decided the best way to deal with this problem is to change the law to make police unaccountable in arrests:
These words matter. It should not be enough for a police officer to make an arrest just because he or she thinks it is reasonably necessary to do so. This is why the courts find some arrests are wrongful. The solution to NSW Police being sued is not to change the law to make police decision-making unaccountable; it may be to ensure that police are better trained. 

Arrest is a deprivation of liberty. The process may involve the use of force and is likely to be humiliating and demeaning. There is a long-standing recognition in law that arrest can operate as a de facto punishment (before any trial and sentencing process). It should be a measure of last resort. There are other options: court attendance and penalty notices, warnings and cautions. But when it is needed, such as in cases of domestic violence, the power to arrest is already there. Read more
We had an afternoon together yesterday David and I, went and visited a friend, and reflected on the week we'd just had. Later in the evening we were both feeling exhausted early on. I went to bed at about nine. 

I'd guess that we're both in a bit of mild shock after the week's events. It's not every week your partner gets carted off in the morning like a criminal. As I suffer anxiety I was affected by it more than the average person. David has these sorts of mental health issues too, and for him being locked up and stripped of all dignity was also a big shock to him. He didn't even have a clock where he was in the cell, and lost track of time as the hours went by.

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