North Australian Aboriginal Justice Agency Ltd v Northern Territory

The High Court has decided a matter relating to the constitutionality of the Northern Territory’s new police arrest and detention powers, holding by majority that the powers are not invalid. Division 4AA of the Police Administration Act (NT), inserted into the Act in December 2014, empowers a police officer to arrest a person without a warrant where the office believes, on reasonable grounds, that the person has committed, was committing, or about to commit an ‘infringement notice offence’: 35 different offences fall under this definition, many of which are minor or public order type offences. A person can be held for four hours (or longer if the officer believes the person is intoxicated) after which time they may be released unconditionally, released with an issue of an infringement notice, Continue reading