Expanding Police Powers
On 5 Feb 2024, parliament passed amendments to the Criminal Procedure Code. The amendments majorly expands police powers, including the introduction of powers to search without warrant, and criminalising the refusal to consent to forensic medical examinations if you are under investigation.
Indefinite Imprisonment
The amendments also introduce the ‘Sentencing for Enhanced Public Protection’ scheme that allows the Minister of Home Affairs to indefinitely detain a person after the Court has sentenced them to a minimum term under the scheme. Such indefinite detention schemes, are similar to the opaque and secretive ISA and CLTPA.
The government has no provided little to no proper evidence that these are necessary changes to the criminal legal system, and the amendments introduce state powers that are troublingly open to abuse, and which are damaging to due process and open justice.
Previous legislation passed with such rapidity in two back-to-back parliament sittings, include the retroactive amendment of the Constitution to allow political office holders to take up international roles privately, and the Foreign Interference Countermeasures Act (FICA). Both attracted significant controversy.
Such ‘fast-tracking’ of legislation reduces proper scrutiny by both the public and lawmakers.
Also notable is that the government has failed to provide a summary of responses to the public consultation on the SEPP conducted in 2021 through REACH. Instead, it told the media that there was “overall good feedback”. This is atypical for a public consultation.
More commentary to follow.
References:
Transformative Justice Collective 