Law and legislation

ANALYSIS: The Biden administration’s recent ban on the use of Pegasus spyware in the US represents a strong international statement on human rights and democratic freedoms; but analyst Dr Teagan Westendorf of the Australian Strategic Policy Institute believes it raises serious questions for Australian policing, and the swathe of legislation giving law enforcement new powers to access individuals’ data in the name of tackling ‘exceptional’ or ‘unprecedented’ threats.

FEATURE: The increasing use of drones in conflict situations by military and terrorists organisations has also served to highlight the threat posed to public safety more widely, and police are likely to be in the frontline response to that threat; Policing Insight’s Andrew Staniforth looks at the legislative and regulatory framework put in place to enable officers to tackle the drone danger.

OPINION: A temporary law introduced in New Zealand last summer allowing buyers of drugs to have them independently checked without risking prosecution looks set to become permanent this year; if it does, Professor Alexander Gillespie of the University of Waikato believes it will make the citizens of New Zealand safer, and reflect a legislative trend towards harm reduction

FEATURE: After a turbulent 12 months for policing in the United States, it’s no surprise that President Joe Biden is working on – or has already implemented – a range of measures that will impact on law enforcement; Brady Kirkpatrick, owner and Editor-in-Chief of website Gun Made, highlights the key reforms already introduced by the Biden administration, and those likely to materialise in the coming weeks and months.

OPINION: There are calls from some quarters in Australia for the introduction of ‘negligent rape’, based on a ‘recklessness’ towards the consent of the victim, rather than deliberately disregarding the lack of consent; but Dr Rachael Burgin of Swinburne University of Technology, University of Sydney PhD student Bri Lee, and Professor Jonathan Crowe of Bond University argue that such a move would create a rape ‘hierarchy’ that is both wrong and offensive.

OPINION: A private members bill is currently being considered in the Parliament of the Australian Capital Territory that could see the possession of many illicit drugs for personal use decriminalised; Professor Nicole Lee of the National Drug Research Institute at Curtin University, and RMIT University Lecturer Jarryd Bartle believe the move is a natural conclusion to decades of research on drug-related harms.

OPINION: The Misuse of Drugs Act came into effect half a century ago, and while society, policing, and attitudes to and availability of drugs has changed significantly over those 50 years, the law has not; with billions spent on attempting to tackle an issue that has increased substantially since 1971, policing commentator and former drugs policy lead Ben Twomey believes that both an honest public debate over drugs, and a review of the Act, are long overdue.

ANALYSIS: A new report by the New Zealand Law Commission has set out 193 recommendations to overhaul the use of DNA in criminal investigation; but Professor Carrie Leonetti of the University of Auckland believes the report still overlooks key issues in the use of the country’s DNA databank in relation to over-representation of Māori, the use of familial searches, and concerns over privacy, discrimination and consent.

FEATURE: In his recently published second review of UK anti-terrorism legislation, Jonathan Hall QC, the Independent Reviewer of Terrorism Legislation, has called for new police powers to tackle digital encryption; Policing Insight’s Andrew Staniforth explains why such powers are desperately needed to keep up with advances in technology.

OPINION: Serious public disorder has been a regular feature of news bulletins in recent weeks, from Bristol and Clapham Common to Belfast and Ballymena; public order expert and former chief superintendent Owen West believes a lack of clarity over coronavirus regulation has been a major factor – and if unresolved, could lead to a summer of potentially violent unrest.

OPINION: Canada already has strict gun laws in place, at least in comparison to its US neighbour; but Carleton University’s Noah Schwartz believes that attempts to introduce new American-style firearms legislation could create confusion and inconsistencies, while doing little to dissuade criminals from using guns.

OPINION: Frustrated at being unheard, and feeling – in the context of protest at least – they are losing the battle of public opinion, UK policing has been left to fight alone in a no-win situation; what happens next is crucial, says public order expert and former Chief Superintendent Owen West, and cannot be allowed to risk the covenant between police and communities.

ANALYSIS: While the UK, North America and Europe have taken steps to list violent far-right groups as terrorist organisations, Australia has been slower to make the same move; Analyst Dr Teagan Westendorf of the Australian Strategic Policy Institute believes it’s important to do so soon – and in a meaningful way – to enable police to tackle the threat.

OPINION: Governments and police agencies around the world are looking for the most effective ways to tackle organised crime; Australian law enforcement and security analyst Teagan Westendorf believes the introduction of Magnitsky-style legislation and the use of sanctions against major criminals could be a valuable, targeted law-enforcement tool.

ANALYSIS: The Police, Crime, Sentencing and Courts Bill 2021 announced by the Government last week looks set to change the nature of protests in the UK, while also placing a greater onus on police to consider the noise and disruption impact of public assemblies, says public order specialist and former Chief Superintendent Owen West.

OPINION: Proposals by the UK Government to criminalise trespass look set to affect Travellers more than any other group; but Helen O’Nions, Senior Lecturer at Nottingham Trent University, warns that the laws will contradict human rights legislation, lack support, and be very difficult to enforce.

OPINION: With the debate around the legalisation of heroin back in the headlines, Professor Bill Bogart of the University of Windsor sets out the case for legalisation and strict regulation of all currently illegal narcotics, with decriminalisation as the first step towards resolving the failed war on drugs.