Police granted new powers to stop and search people in Melbourne's CBD | 7.30

Key Concepts

• Expanded Stop and Search Powers: New legislation allowing police to search individuals without a warrant or reasonable suspicion in designated areas.
• Designated Search Area: A specific geographical location where expanded stop and search powers are in effect.
• Warrantless Search: A search conducted by law enforcement without a judicial warrant.
• Reasonable Suspicion: A legal standard that allows police to stop and search someone if they have a specific, articulable reason to believe the person is involved in criminal activity.
• Pat-down Search: A limited search of a person's outer clothing to detect weapons.
• Frisking: A more thorough search of a person's clothing and body, often to find evidence of a crime.
• Electronic Wand: A handheld device used to scan a person's body for concealed weapons.
• Racial Profiling: The discriminatory practice of targeting individuals for suspicion of crime based on their race or ethnicity.
• Civil Liberties: Fundamental rights and freedoms that protect individuals from government intrusion.
• Human Rights: Basic rights inherent to all human beings, including the right to safety and privacy.

Expanded Stop and Search Powers in Melbourne CBD

On Sunday, Melbourne's Central Business District (CBD) implemented expanded stop and search powers for the first time. These powers allow police to randomly stop individuals and conduct searches, including using electronic wands and searching bags, without requiring a warrant or reasonable suspicion. The Melbourne CBD has been declared a designated search area for the next six months.

Observations on the Ground: During the initial hours of the new powers, three searches were observed. One individual initially agreed to a body search with a wand but resisted a bag search, eventually being allowed to leave. Another individual attempted to flee from police, was apprehended after a short chase, handcuffed, and subjected to a pat-down search. During this search, police discovered what appeared to be knuckle dusters in the man's jacket pocket.

Justification for Expanded Powers: Victoria Police stated that these expanded powers are a necessary response to rising crime in the Melbourne CBD, citing recent incidents of knife attacks and vicious assaults. They aim to adopt a more proactive approach to ensure public safety. The previous time limit for designated search operations was 12 hours.

Case Study: Juan Lie Stabbing and Public Reaction

The implementation of these powers is partly in response to a highly publicized CCTV incident in early October, where 36-year-old Juan Lie was stabbed while walking to work in the city. A 32-year-old woman has been charged in connection with this incident.

Family Support for New Powers: Chia Ting, Juan Lie's brother-in-law, expressed strong support for the new stop and search regime, stating, "I think that it's needed in especially like recently we know there's a lot of crime issue or knife issues in Melbourne CBD. So it's it's necessary." He highlighted that while his sister-in-law is recovering physically, she remains mentally afraid to go out in public alone.

Comparison with Other Jurisdictions and Civil Liberties Concerns

Queensland's "Jack's Law": The expanded powers in Victoria are similar to those granted to Queensland police earlier this year, known as "Jack's Law." This legislation allows police to search for weapons in public places without a warrant. "Jack's Law" was named after 17-year-old Jack Beasley, who was fatally stabbed in 2019.

Key Differences and Civil Liberties Objections: Gemma Caparella, president of Liberty Victoria, pointed out a significant difference: searches in Queensland and other areas are generally limited to electronic wanding. In contrast, Victorian laws permit police to stop individuals and conduct frisks or further searches if necessary. She also noted the six-month designation period for these powers in Victoria.

Caparella views these new police powers as an "unprecedented and quite alarming increase in police powers" and a "fundamental intrusion of people's right to privacy." She argued that individuals may have legitimate reasons for not wanting to disclose the contents of their bags or person to police, even if those items are not illegal.

Effectiveness of Searches: Liberty Victoria also questions the effectiveness of these searches. A report by the group earlier this year indicated that out of 23,000 people stopped and searched in designated areas over three years, only 252 (just over 1%) were found to be carrying prohibited items. This suggests that in 99% of cases, these powers are used on individuals who have done nothing wrong.

Concerns Regarding Unfair Application and Racial Profiling

Research on Disproportionate Targeting: Dr. Tamar Hopkins of the Center Against Racial Profiling presented research based on data obtained from Victoria Police. Her findings suggest that when police engage in searches based on reasonable grounds, Aboriginal people are 15 times more likely to be targeted, African people nine times more likely, Pacific Islanders five times more likely, and people of Middle Eastern appearance five times more likely.

Victoria Police Response and Safeguards: Victoria Police stated that these assertions are incorrect, claiming officers only record ethnic appearance information when they suspect an offense has been committed. While Victoria Police officially banned racial profiling in 2015, Dr. Hopkins argues that this ban is ineffective without proper monitoring mechanisms, stating, "They've banned racial profiling, but they haven't put in place any mechanism to monitor whether the police are complying with that ban. And really, that ban is in on paper only."

Public Opinion and Balancing Safety and Rights

Mixed Public Reactions: On the streets, public opinion on the expanded police powers is divided. Some individuals support the measures, feeling that crime is "out of control." Others view the powers as "totally authoritarian" and unnecessary. A common sentiment among supporters is, "Go for it if you got nothing to hide."

Balancing Human Safety and Human Rights: Chia Ting, reflecting on his sister-in-law's experience, emphasized the need to balance human safety with human rights. He acknowledged that some may see the powers as infringing on human rights and privacy but stressed that "human safety is also our human right."

Conclusion

The introduction of expanded stop and search powers in Melbourne's CBD represents a significant shift in policing strategy, aimed at combating rising crime. While supported by some, particularly those affected by violent incidents, these powers have drawn strong criticism from civil liberties advocates concerned about privacy intrusions, potential ineffectiveness, and the risk of unfair application, particularly concerning racial profiling. The debate highlights the ongoing tension between public safety concerns and the protection of individual rights and freedoms.