LLB 130 Week 11 Criminal Process I

Discretion is not necessarily a bad thing

o The problem is it is not exercised transparently
or without prejudice
Factors of influence of discretion
o Social educational
o Economic
o Political
o Environmental
o Ethnic/racial
o Sexuality
o Psychological
Police Discretion
o Parliaments regularly pass laws that require
polce to exercise discretion
Even though this occurs it is structured
but also quite loose in how this structured
discretion is used by police
Move On Powers
o They are some respect separate because the
police officer who gives move on power does
not have to suspect a criminal offence has
occurred.
o These powers have a broad statutory discretion
The benefits of legislation
Certainty and authority for police +
penalties for non compliances
Community benefit from police giving
this
How dp ss 197 & 198 regualte police discretion?
Police search and seizure powers
o They are extensive
o All of these are based on the police officer have
a reasonable suspicion
At the time before the police has exercise
the power and it is more than a possibility
it is a belief
Tasers

o Significant element for police to undertake their

duties
Arrest is only supposed to be used as a matter of last
resort

Seminar:
You are a probationary constable on foot patrol with your
Senior Constable partner. It is 5.00pm on a Sunday
afternoon when on a routine patrol past a local pub you
notice a group of people outside the pub, including a few
children (the outdoor bistro is adjacent). As you approach
you see two men rolling around, wrestling, periodically
swearing, sometimes laughing. As you approach, they get
to their feet. They appear unsteady and you can smell
alcohol on their breath.
Work out the full range of possibilities available all need
to be recognised in some form in the readings this week.
Do nothing and walk away
Move on powers
o 197 S199 - $220
o 198 S199
o S9
Section 4
Section 4A
o If u wanted to bpursue this you could pursue
this
By arresting them (providing it adheres to
Section 99 of LEPRA)
Court attendance notice
Court Infringement Notice (on-the-spot
fine)
Section 206 replaced the public drunkness law
hybrid of Move on powers police are saying tthat we
are going to take you somewhere but not for the
purpose of a criminal offence

 If this was in kings cross the police can take them to

the sobering up centre in Randwick and Wollongong
they were voluntary these were abandoned
o This kings cross one made it mandatory to stay
there if the police took you there.