Regulations

In order to carry out their duties, the police must be granted powers under the law. These powers are mainly contained within the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) (LEPRA)

As these powers often bestow the police with the ability to bypass the laws that apply to citizens, rigorous checks on the uses of these powers are needed. For example, when police officers are required to use physical force in order to carry out an arrest, they must strictly use the minimum level that is reasonably necessary in the circumstances. If the court decides that this check had been broken, the evidence gathered from the arrest may be deemed inadmissable, or unusable to secure a conviction.

Under LEPRA, a reasonable suspicion is needed for a police officer to stop, search or arrest a suspected offender, preventing them from exercising their powers against anyone they choose. The term reasonable suspicion was expanded upon in the prominent case R v Rondo, which concluded that:

• A reasonable suspicion involves less than a reasonable belief but more than a possibility and
• Some factual basis for the suspicion must be shown,

Additionally, LEPRA requires the police to attain a warrant from a court in order to exercise certain investagatory powers, such as conducting a search of someone’s private property. The NSW police force is supervised by The NSW Ombudsman and the Law Enforcement Conduct Commission, who investigate allegations of police misconduct and hold them accountable.

These checks are crucial to protect the rights of the community and ensure that the actions of the police are lawful. Because the police possess such extraordinary powers, having extraordinary restraints is just as important!

Further Readings

State Library of NSW, Legal Answers

New South Wales Police Force

LEPRA