Worse Than s92A : Cease & Desist Orders

May 08, 2009 11:53

If you were upset about the assault on civil liberties represented by s92A you should be absolutely livid over the current proposal for "cease & desist" orders, designed for use against "boy racers", but of course perfectly usable against anyone who ever drives or rides in or on a motor vehicle. No court, no hearing, no evidence, just a single police officer's suspicion. You don't even have to be suspected of committing a specific offence - being in the wrong place at the wrong time is enough. In fact, it's quite clear that you can be punished for the offending of others, without any requirement to prove or even allege that you were involved.
Also any breach of the notice becomes a summary offence (3 months imprisonment / $2,000 fine). Meaning that effectively, you can be put in jail for three months without evidence of a crime, and without a hearing, at any time on the word of a police officer. Because of course they will also have the power to decide if you are in breach of the order, possibly within seconds of issuing it.

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politics, law

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