Territory Stories

Debates Day 3 - Thursday 21 October 1993



Debates Day 3 - Thursday 21 October 1993

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Parliamentary Record 21


Debates for 6th Assembly 1990 - 1994; ParliamentNT; Parliamentary Record; 6th Assembly 1990 - 1994




Made available by the Legislative Assembly of the Northern Territory





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Legislative Assembly of the Northern Territory

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Attribution International 4.0 (CC BY 4.0)

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Legislative Assembly of the Northern Territory



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DEBATES - Thursday 21 October 1993 and the arrest of the offender is necessary. It then lists all of those particular reasons why the arrest is necessary. I realise that the Leader of the Opposition was speaking in good faith in saying that he had a fear. It is a logical fear that, if we give citizens this power, for some reason - perhaps if they see a person who they think looks like a picture of somebody in a wanted poster - they will think that they have reasonable grounds to believe that they can arrest that person. That is his fear, but that is not what the legislation says. Mr Ede: That is taking it too far. That is not my fear. That would not happen. Mr MANZIE: He gave us a scenario like that. All I want is to ensure that he understands that the bill itself provides that the person who intends to make the arrest has to find someone committing an offence or doing an act in such circumstances that that person believes on reasonable grounds that they have committed an offence. That whole proposed section relates to coming across someone who is actually conducting himself or herself in a way that indicates that he or she has committed an offence. An example is if someone is running away from the scene ... Mr Bell: That is nonsense! That is not what it says at all. Mr MANZIE: The member can read it in his own time. Obviously, it is fairly simple. That is exactly what it means. Another example is where one finds someone burying a body. One has to find them doing something - that is, to see them behaving or conducting themselves in a way that leads one to believe on reasonable grounds that an offence has been committed. That belief relates to the conduct. Therefore, the fear that somehow, at a later date or for some abstract reason, a person will have the power to carry out the arrest has no substance in terms of the bill. In relation to the reasonableness of using those words, I think that it is worth while looking at what some other jurisdictions have in relation to their legislation. For example, in Victoria, section of the Crimes (Powers of Arrest) Act states: Empowers any person to arrest another whom he finds committing an offence or where he believes on reasonable grounds that the apprehension of that person is necessary on one or more specified grounds, and those grounds are ... ensure that the offender appears in court, preserve public order ... However, the act includes a section that uses the words 'believes on reasonable grounds'. Therefore, that happens in Victoria. Mr Ede: Believes on reasonable grounds that the offender has committed an offence? Mr MANZIE: It says: ... where he believes on reasonable grounds that the apprehension of that person is necessary on one or more specified grounds (i) to ensure the appearance in court; (ii) to preserve public order; 10 225

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