Coalition to strengthen police investigation powers

• Coalition to give Victoria Police improved criminal investigation powers
• Modernised search warrant and DNA collection laws to assist investigations
• Napthine Government building a safer Victoria

A re-elected Napthine Coalition Government will legislate to give Victoria Police improved powers to tackle serious crime, Attorney-General Robert Clark said today.

An exposure draft of a new Bill to overhaul Victoria’s criminal investigation powers and consolidate them into a standalone, clear and consistent Act has been released for public consultation.

Mr Clark said numerous amendments to the Crimes Act 1958 and technological changes over the past 26 years had led to outdated and confusing provisions, which complicate police investigations.

The proposed Bill will completely re-write and consolidate the law on police criminal investigation powers so as to streamline, improve and consolidate the law relating to:

• arrest, detention and questioning;
• taking, using, retaining and destroying fingerprints, DNA and other forensic samples; and
• obtaining and executing search warrants.

“These changes will ensure Victoria Police have the powers they need to more effectively go about their important task of protecting Victorians,” Mr Clark said.

“Simplifying and updating these laws will also provide greater clarity and certainty about the law both for police and for those being investigated.”

The proposed Bill builds on important reforms made by the Coalition Government to investigation powers that commenced in July this year. The Crimes Amendment (Investigation Powers) Act 2013 increased police powers to collect DNA from a suspect for any indictable offence and expanded questioning powers to allow police to question a suspect already detained for another offence with the suspect’s consent.

The proposed Bill will consolidate and streamline search warrant powers. Currently, search warrant provisions are contained in various Acts, including the Crimes Act, the Drugs, Poisons and Controlled Substances Act 1981 and the Supreme Court Act 1986.

The Bill will also introduce a modern search warrant that can be adapted for specific and varied purposes including searching for stolen property or to conduct a covert search of a clandestine drug laboratory. The Bill will allow police to retain anything seized under a search warrant to aid the investigation of the offence or the criminal proceeding without needing a court order to do so.

The Bill will allow the taking of fingerprints and DNA from people suspected on reasonable grounds to have committed an offence. This lowers the existing threshold, which requires a belief on reasonable grounds, and will assist police to gain the evidence they need to advance their investigation, while still providing an appropriate test for the exercise of these powers.

The threshold of reasonable suspicion is consistent with other police powers and aligns with laws in other jurisdictions.

The Bill also contains a new framework for covert DNA sampling, which will apply when police wish to collect a suspect’s DNA without their knowledge. This may be used, for example, in circumstances where alerting a suspect may jeopardise the investigation of a co-offender.

The Bill will allow a senior police officer of or above the rank of Superintendent to authorise the collection and analysis of covert DNA samples in specific circumstances.

The Bill also includes a new framework for covert search warrants. This supports advanced policing techniques to tackle serious crime. Allowing police to enter and search premises in the absence of the occupier requires an express power and clear processes. The proposed framework seeks to provide certainty about what powers are available to police, and around the seizure and substitution of items.

Covert search warrants are already used in Victoria to investigate possible terrorist acts. The new covert search warrant power proposed in the Bill will apply in relation to any indictable offence for which the maximum penalty is 10 years or more imprisonment.

For further information about the exposure draft Bill, please visit www.justice.vic.gov.au. Public submissions on the exposure draft are open until 5 December 2014.