Stop-and-search law could be breach of human rights

26/Jan/2010

Comments: 6 readers have left a comment

LOCAL politicians and the Law Society of WA have warned that the State Government’s proposed stop-and-search legislation could violate human rights under international law.

The legislation is scheduled to be considered in parliament next month.

However, Fremantle MLA Adele Carles said a recent ruling by the European Court of Human Rights found similar legislation in the United Kingdom to be a violation of human rights.

Under Britain’s Terrorism Act 2000, police were able to stop and search people in public without any reasonable suspicion of wrongdoing.

The case went to the European Court of Human Rights after police stopped and searched two people who were on their way to a protest in 2003.

One of them was a journalist who was ordered to stop filming the protest, despite showing her press card, while the other was only allowed to leave after 20 minutes.

The judges said the power to search a person’s clothing and belongings in public included an element of humiliation and embarrassment, which was a clear interference with the right to privacy.

“There is no doubt that the proposed stop and search powers would interfere with our right to privacy and our right to be free from arbitrary interference,” Ms Carles said.

“Essentially, these powers infringe on our civil liberties and as such they should be scrapped.”

Alfred Cove MLA Janet Woollard said there needed to be adequate safeguards for the police and community.

“For example, when police stop and search, they should provide information on themselves so the community can follow it up and they should have to keep written records,” she said.

Law Society of WA president Hylton Quail said the Society had made a submission to the Standing Committee on Legislation and wanted to appear before the committee to give evidence.

“Police already have very wide search powers targeted at criminal activity and there has been no credible evidence that their existing powers are inadequate,” he said.


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What everyone else is thinking

Rachael

04/05/2010

I agree with Kooka. If you've got nothing to hide, then why should you care.
You dont get offended when you walk into the air port and every other person is patted down, so why should this be any different.

Stef Hayward

20/04/2010

Kooka I wonder if you are a young person or an ethnic minority or even suffering from mental illness?
If a policeman decides 'on a hunch' to stop and search you under these laws you have no re-dress you can be humiliated in public for being innocent and how many more times do you think the above people will be stopped?
if the UK are anything to go by many,many more time than people outside of these groups.
What if your young person was stopped and didn't like it? If they were not careful they could be charge end up with a criminal record and have many opportunities denied them e.g entry to th USA.
This is lazy policing and I for one think it's about time the minority stop dictating to the majority, that's what WA politicians are all about a quick fix.

Adrian White

06/04/2010

Well, I am 52 and I would like them(police) try and search me on the street for no reason, they would get more than they could handle. Not even 'god' has the right to search and/or touch me!!

Stanley

24/03/2010

Dont panic Austin, to protect your rights you can try and insist that they only search your, left, side. One searcher could search your left side from behind and another could search your, left, side from the front leaving the, rights, side unsearched for you to hide whatever it is you want to hide.

Austin May

09/02/2010

I urge you all to make complaint, take action and speak up for yourselves and your rights.

Whilst I share your concerns about being able to walk down the streets of Perth, I certainly can't agree with this change in the law. I absolutely do not approve of such powers simply being handed over to Police.

Police must justify their usage of powers as in reasonable and sane society, stopping detaining and searching people would be open to abuse by officers.

I just can't understand what was wrong with having a reasonable suspicsion to search people. This meant that people were assumed to be innocent unless suspected of taking part in some type of illegal activity.

I believe this change of powers, changes the playing field somewhat.
Instead of simply being a civilian who has a legal right to be assumed to be innocent until proven guilty, the process has changed to allow Police to treat people as guilty until proven innocent.

People should be completely outraged at this!!!

Kooka

27/01/2010

Human rights? I thought it was my right to be able to walk down the road without the worry of being mugged or stabbed etc. As far as I'm concerned, if you don't carry weapons, it shouldn't worry you. Stop and search, Bring it on.

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