Powers and responsibilities : reforming NSW criminal investigation law

摘要

The thesis is a historical study from a socio-legal perspective of debates about, and developments in, criminal investigation law in NSW since 1945. In that period, the NSW parliament has enacted extensive criminal investigation powers and safeguards. This can be seen as the result of the increasing political sensitivity of 'law and order'. Politicians have sought to exercise (and demonstrate) greater control over the criminal justice system. Legislation has been employed to provide a framework for police actions, and to define a role for others, including judges, magistrates and the Ombudsman.Political focus on law and order has also reversed the incentive structure for the police hierarchy. In the 1950s, there were strong incentives not to push for extra powers, lest policing practices and effectiveness receive unwanted scrutiny. In the 1970s, police were dragged into debate about their powers, in the face of the 'authorise and regulated' model suggested by numerous inquiries. More recently, police organisations have often initiated calls for new powers, in part to explain past failings.Another important factor driving debate and reform in recent decades has been the proliferation of oversight agencies, and academic insights that have debunked the 'rotten apple' paradigm. The Federal Government and Parliament have also been increasingly active in what would once have been considered purely State/Territory realms of criminal justice law and politics. These major influences have been coupled with a host of others, including the impact of a series of Royal Commission and law reform reports, the ongoing war on drugs, and the campaign against police verbals in the 1970s and 1980s.The examination of the forces that have influenced debate and reform yields other insights. For example, the complexity of the phenomenon of 'non-reform' is apparent from an examination of debates about policing in the 1950s. Prevailing trends in law and order politics (eg, that populist politics supports additional powers) can be seen to be anchored in the contemporary political context rather than being timeless truths. The multiple roles of law, in governing relationships between state agencies and actors, not just between police and suspects, are also highlighted.