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Written by Jelena
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Wednesday, 16 December 2009 13:39 |
THE balancing act between individual freedom and social order goes to the heart of democratic societies. And while there are rights on both sides, the exercise of those rights often involves trade-offs and compromises. Which is why politicians in Western Australia must take care with pending legislation that would increase police powers to stop and search citizens. Such law and order policies make for easy politics, especially among middle-class groups unlikely to be directly affected. But street kids, Aborigines, even young Lebanese Australian males, to name just a few, may have a more jaundiced view of powers allowing police to apprehend them at will. It is these groups who are easily labelled who have most to fear from the Criminal Investigation Amendment Bill expected to pass the WA parliament soon.
The legislation will allow the commissioner of police, with the approval of the minister, to prescribe certain areas (for example, the restaurant and nightclub area of Northbridge on the edge of Perth CBD) where police have the right to stop and search without reasonable suspicion. Advocates argue the law is needed to clean up the streets and make them safe for other citizens. We understand the frustration of police and politicians as they try to prevent anti-social behaviour. But we are nervous about overturning basic principles of individual freedom.
It is good there are safeguards in the Bill: an area can only be prescribed for a maximum of 12 months and there will be a review of the legislation after five years of operation. But the core risk remains that basic rights will be infringed as politicians push populist law and order agendas.
Yesterday, a number of the nation's leading lawyers condemned the stop and search powers along with WA's mandatory jail sentences for serious assaults against police. They say the laws are among the toughest in the Western world. Last month, WA Chief Justice Wayne Martin said government policy appeared to be driven by a misinformed public who believed crime rates were spiralling and judges were too soft. Keeping the streets safe is a basic task for police and we have some sympathy for them as they go about their work. But WA's tough-on-crime agenda must be moderated by a commitment to basic fairness or it will only erode public trust.
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THE balancing act between individual freedom and social order goes to the heart of democratic societies.