Changes to Police Powers of Arrest in New South Wales
Abstract
Amendments to arrest laws in New South Wales in December 2013 significantly expand the power of arrest and the purpose for which arrest is to be used. This article examines the key changes to s 99 of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) and the flawed Government rationale for the changes. Passed without a formal public consultation process and with great haste, Parliament's statutory intent appears to extend the range of circumstances in which arrest will be legal, in order that arrest be used, most significantly, to deter criminal conduct. This article argues that there has been a radical shift from the purpose of arrest as a last resort for bringing charges against an alleged offender, to a first resort in order to increase arrest rates. We explain how the new provisions formalise the goals of ‘proactive policing’ in arrest law and provide a framework for future investigation into the potential effects of this goal.