The Liberal-National Government is empowering police to fight anti-social behaviour and drug offences with new authority to stop and search people in specifically declared public areas.
Premier Colin Barnett said the legislation to amend the Criminal Investigation Act 2006, set to be introduced into State Parliament in coming weeks, would help police combat the increase in the number of weapons, drugs and other items related to violence, crime and anti-social behaviour.
The new legislation would mean police could stop and search a person or a vehicle in a declared area without the requirement that they have to prove reasonable suspicion.
“The new laws would give police greater powers to stop and search people in particular areas where crime and anti-social behaviour is turning that area into a no-go zone for ordinary law abiding people,” Mr Barnett said.
“We will target known problem areas such as Northbridge after midnight, so families going out for a meal in Northbridge will not be a focus for the police.
“The people we are targeting are those who are carrying weapons or drugs and intending to create trouble and going to places like Northbridge and Scarborough or Mullalloo beaches where there have been problems in the past.
“This is an important part of a more comprehensive strategy that will be announced soon to make entertainment areas more attractive.
“It will be an effective tool for police in their fight against violence and drugs in our community, the effects of which are widespread: from the immediate danger these people pose to people around them and to police; ambulance officers, doctors and nurses treating victims of drugs and fights on our streets.
“There will be cries of infringement of civil liberties but we make no apologies if we give law abiding people, families and young women the freedom to go to places without fear for their safety.”
Under the current law, police can only stop and search a person if they reasonably suspect that a person is in possession of something relevant to an offence, such as weapons or drugs.
When the offender is taken to court, time and resources are often spent arguing whether the officer can justify the grounds for their suspicion instead of whether the offender was actually in possession of weapons, drugs or other illegal objects.
The result is that some offenders get off on a technicality related to the reasons for the search taking place.
Police Minister Rob Johnson said the new legislation provided greater flexibility for the State Government and police when making a place a declared area.
Under Section 69 of the Criminal Investigation Act 2006, an area can be declared by the Government via regulations or by the Police Commissioner for security purposes.
“The flexibility we are providing in this legislation enables a specific area to be ‘declared’ at certain times on certain days,” Mr Johnson said.
“This will enable police to tailor the timing of their anti-social behaviour strategies and use of their new powers to the times and places they are necessary.
“Police will be able to carry out a basic, non-intrusive search on a person in accordance with police guidelines, similar to those carried out at airports.
“This Government has worked hard to deliver these and other powers to our police in the interests of improving community safety.”
The Premier said the stop and search legislation was the latest in a series of initiatives by the Liberal-National Government that supported police and aimed to improve community safety: The Government had:
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delivered mandatory sentencing laws to ensure anyone who assaulted a police officer would go to jail
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delivered laws to cover medical expenses for police officers who leave the job suffering from an injury incurred while carrying out their duties
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fixed the previous Labor government’s botched truth-in-sentencing laws which gave criminals a one-third discount on their sentence
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given police a pay rise
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introduced tougher anti-hoon legislation
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set up a $13.5million fighting fund (funded via proceeds of crime) to help police combat bikie gangs and organised crime
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working towards providing an additional 500 police officers and 200 support staff
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reinstated the Graffiti Taskforce.
The new legislation will be reviewed after five years.
Premier's office: 9222 9475
Police Minister's office: 9222 9211