NCJ Number
130382
Journal
Criminology Australia Volume: 2 Issue: 2 Dated: (October/November 1990) Pages: 9-11
Date Published
1990
Length
3 pages
Annotation
Ten reasons are given to justify reconstruction of Australian policing regarding political matters.
Abstract
Reform is warranted because the present legal position is unclear and complex and it lacks a sound basis regarding common law independence of the constable and establishment of police as employees of the Crown. The present legal arrangements are archaic regarding the doctrine of common law independence of the constable which predates the present principles of the modern police force. In addition, police legislation is imprecise in the definition of responsibilities and circumstances in which the police are subject to external direction. Other reasons for reform include the misunderstanding of the relationship between police and politics on the basis of the separation of powers doctrine and difficulties in applying the present arrangements to particular cases. Lack of democratic accountability of the police, lack of definition of accountability and responsibility, and lack of uniformity of police legislation and political conventions also indicate a need for change. Abolition of the common law independence of the constable, establishment of police independence in operational matters of arrest and deployment of forces, description of police responsibility and accountability, and development of guidelines on police matters by an independent authority are cited as significant changes.