Police to be allowed mass search power

QCCL President Michael Cope, today said that the Council opposed proposed laws authorising police officers to search members of the public in safe night precincts and on public transport with a handheld metal detector, 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.

“This legislation authorises mass, suspicion less, warrantless magnetometer searches. The extension of the powers to public transport is particularly concerning. How are these places distinguishable from any other public place eg Lang Park, your local park? No doubt one day the police will want these powers extended more broadly”

It is quite possible that we would be safer if police were permitted to stop and search anyone they wanted, at any time, for no reason at all. Insisting on a requirement that there be a reasonable suspicion before a search can occur will hopefully prevent us from gradually trading ever-increasing amounts of freedom and privacy for extra security.

“The traditional requirement that before a search can proceed there must be a reasonable suspicion that a crime has been committed or a weapon found is a bulwark protection of our liberty. Such a requirement is essential to being able to prevent arbitrary searches or searches based on bias. The granting of such powers will inevitably result in unwarranted invasions of privacy.”

The fact that the search takes place in public does not make it any less an invasion of privacy.

“Even a once over with a metal detector in the context of a night out with friends or family has the capacity to cause an individual a deal of embarrassment. Further, given that most people carry metal objects a high proportion of people are likely to be subjected to further, more invasive searches.”

There is no analogy with walking through a metal detector in an airport. It is a narrow specific security environment, with a known requirement. At the airport everyone must walk through a metal detector and there is no reason for a person to wonder why they have been asked to do so.

Finally, there is no evidence these types of powers will reduce knife crime.

In 2012, the Victorian Office of Police Integrity produced a report[1] on Victorian “stop and search” powers which were also introduced to reduced knife crime. That report entitled “Review of Victoria Police use of “stop and search” powers” reviewed research from the United Kingdom in relation to the effectiveness of such powers. At page 40 of the report, the Office stated that the research “found the relationship between incidence of knife crime and the rates of “stop and search” is at best unclear.” Whilst some research indicated that stopping members of the public, with or without searching, deterred crime, there was “no significant and consistent correlation between searches and crime levels a month later”. The report said, “a review of the “stop and search” reporting data over six months compared to crime statistics for the same period showed no relationship between increased searches and a decrease in knife crime.”

[1] Review of Victoria Police use of ‘stop and search’ powers    https://vgls.sdp.sirsidynix.net.au/client/search/asset/1148111