Can you afford $5 a Month?

Can you afford $5 a month to support the researchers here at Constitution Watch to bring you more great content on a daily Basis? For the cost of a cup of coffee a month you can help us concentrate on what we need to do, bring you the truth wth more exceptional content not found Read More …

Police Powers NSW

The following information may help you to understand the powers and what rights and responsibilities you have in different situations. A police officer may use as much force as is necessary to arrest you. Unreasonable force is an assault. After arrest, a police officer may handcuff you if for example you attempt to escape or the Read More …

Birth Certificate Content Review

The New South Wales Registry of Births Deaths and Marriages (“the Registry”) is reviewing the content of birth certificates. Birth certificates have appeared in their current format (Appendix 1) for many decades, with only minor changes to content during that time. This review is being undertaken for the following reasons: Changes in how birth certificates Read More …

Costs in criminal matters

Introduction Costs may be awarded to successful parties in criminal proceedings in the local court pursuant to four statutes: Criminal Procedure Act 1986, Costs in Criminal Cases Act 1967, Crimes Act 1900 and the Suitors’ Fund Act 1951. As a matter of policy, the Police Service, and Commonwealth and State Directors of Public Prosecution do Read More …

Criminal proceedings 101 ~ from beginning to end

1. Arrest​: ​Valid arrests must be based on ​probable cause.​ A reasonable belief that a certain set of facts which rises to the level of a threat to life or property are true. Must be based entered into the court record via sworn statement. ​(REMEMBER – no sworn statement of probable cause, even in a Read More …

The High Court unanimously held that in New South Wales, at common law, an arrest can only be for the purpose of taking the arrested person before a magistrate to be dealt with according to law to answer a charge for an offence

HIGH COURT OF AUSTRALIA STATE OF NEW SOUTH WALES v BRADFORD JAMES ROBINSON [2019] HCA 46 Today the High Court dismissed an appeal from a judgment of the Court of Appeal of the Supreme Court of New South Wales concerning the power of a police officer to arrest a person, without a warrant, under s Read More …