The concept of proactive policing, where law enforcement acts pre-emptively rather than reactively, has become a focal point in Australian legal discussions in the past few years.
While authorities argue it helps prevent crime, critics highlight the risks of racial profiling, excessive force, and the erosion of civil liberties. This month, Fighting for Justice examines key developments in proactive policing, recent legal cases, and the impact on civil rights in Australia.
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NSW Police's Expanding Powers: The Fine Line Between Prevention and Overreach
Over the last couple of years, New South Wales has seen a steady expansion of police powers in the name of proactive crime prevention. For example, when officers rely on data analytics to anticipate criminal activity. This measure, like others, has come under scrutiny.
Civil rights groups warn that such methods disproportionately target certain demographics and may infringe on the presumption of innocence. Cases challenging these practices are also making their way into our courts, with legal experts arguing for greater oversight and accountability.
One such tragic example is the Brad Balzan case. Peter O´Brien is representing Adam Balzan, the father of the young man NSW police shot dead in his own backyard. This awful incident occurred during a proactive policing measure. Brad was targeted for simply wearing a hoodie on a hot day, leading to a chase that ended fatally in his backyard.
This case has sparked significant debate about the fairness and consequences of proactive policing methods.
Read more about the case HERE.
Proactive Policing: Invasion Rallies
Recent Invasion Day rallies across Australia have seen a significant increase in proactive policing measures, sparking debate over the balance between public safety and the right to protest.
Police forces in New South Wales, Victoria, and Queensland deployed large numbers of officers, including riot squads and mounted police, to monitor and manage demonstrations. Authorities justified the heightened presence as a necessary precaution to prevent potential disruptions, while critics argued it amounted to intimidation and over-policing of Indigenous activists and allies.
In Sydney, officers conducted pre-emptive searches and arrests, citing concerns over unauthorised protests and public order offences. Meanwhile, Victoria Police used drone surveillance to track crowd movements, further raising concerns about privacy and the expanding use of technology in public demonstrations.
As legal challenges to these tactics emerge, questions remain over whether such measures protect public safety or infringe on civil liberties.
Proactive Policing in Jewish Communities
Recently, enhanced proactive policing measures have expanded across Sydney's Jewish communities. New South Wales Police Minister Yasmin Catley has praised the state's police force for their efforts in investigating recent antisemitic attacks across Sydney.
Ms Catley announced that an extra 20 officers have been assigned to Strike Force Pearl, effectively doubling its investigative capacity as it works to track down those responsible for antisemitic crimes in the city.
Ms Catley explained:
"Proactive policing right across areas where we have large Jewish communities," adding: "Police are taking this extremely seriously."
Additionally, the Law Enforcement Conduct Commission revealed that proactive policing programs in New South Wales disproportionately targeted Indigenous youth. This led to increased surveillance and arrests for minor crimes, ultimately resulting in the program's termination in 2023.
Proactive Policing: A Legal Crossroads
So the debate over proactive policing continues...
High-profile cases like the above have raised questions about the legality of pre-emptive arrests and aggressive police tactics at protests. Our legal experts at O'Brien Solicitors have been at the forefront of defending individuals caught in these measures, arguing that such policing undermines democratic freedoms in some situations.
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