Extension of mass search power

QCCL President Michael Cope, today said that the Council opposed proposed laws authorising police officers to search members of the public at shopping centre, licensed premises, sporting and entertainment venues and “high risk retail outlets” for the purpose of ascertaining whether the person has a knife. There will be no need for a police officer to suspect the person of having committed an offence or of carrying a knife. The officer may then require a person to produce anything that is detected by the metal detector.

“Whilst the case for this power at safe night precincts was understandable, if not compelling, one of the reasons we rejected it was the concern it would be extended to other places. And to the shock of no one who has studied the increase in police powers this is what has happened. First it was extended to public transport. Now to shopping centres, licensed premises, sporting and entertainment venues and “high risk retail outlets”, vindicating our concerns,” said Mr Cope

“How are these places distinguishable from any other public place eg  your local park? No doubt one day the police will want these powers extended more broadly”.

The Premier points to the number of weapons detected by police as justification for this increase in police powers.

There was a review of the initial trial of these by powers by Griffith University[1]. Significant numbers of weapons were found during that trial[2]. But no evidence was found that the searches had reduced offending[3]

The police have made it clear that they will be exercising a discretion as to who is searched - they will be “judicious” and elderly people will have nothing to fear[4].Research from Australia and overseas indicates that police assessments of whom to search or question are often based on generalizations and negative stereotypes that are in part attributable to ethnic bias[5].The Review found that the use of unwarranted generalizations and stereotypes is what happened during the trial[6]

The Scrutiny Panel of the Metropolitan Police in the UK found, aside from the shame and humiliation associated with searches, disproportionate stop and search practices can also cause people to feel a diminished sense of belonging, fear, insecurity, disempowerment, anxiety, intimidation and helplessness[7].

“This proposed law, like many tough on crime measures is being proposed in response to a most tragic situation. However as is always the case public policy has to have regard to a broad range of considerations no doubt including but extending beyond the circumstances of any single case no matter how tragic.”

For further information contact Michael Cope President QCCL on 07 3223 5939 during office hours and at all times on 0432 847 154 

1 May 2024

[1]Ransley et al Review of the Queensland Police Service Wanding Trial. August 2022 Griffith Criminology Institute https://blogs.griffith.edu.au/gci-insights/2022/11/14/review-of-the-queensland-police-service-wanding-trial/#:~:text=In%202021%2C%20legislation%20was%20passed,carrying%2C%20primarily%20by%20young%20people.

[2] Ibid page 30

[3] Ibid page iv

[4] Acting Deputy Police Commissioner Mark Wheeler quoted in the Guardian on 9 November 2022 https://www.theguardian.com/australia-news/2022/nov/09/queensland-police-jacks-law-random-stop-scan-search-powers

[5] Thomas Crofts  and Nicolette Panther Changes to Police Stop and Search Laws in Western Australia: what decent people have to Fear  (2010) 1 The Western Australian Jurist 57 at page 65

[6] Op cit page v

[7] quoted in Crofts and Panther opcit at page 64