Discretionary Power
Police play a fundamental role in the Australian legal system. Their main roles are; preventing and detecting crime by maintaining a public presence whilst acting as a deterrent and investigating crime as well as assisting in the prosecution of those charged with offences. The main police powers are outlined by statutes under the Law Enforcement (Powers and Responsibilities) Act 2002. These powers include the power to; arrest, issue cautions, obtain identification information and the power to stop and detain.
Additional to these powers, police also have police discretion, otherwise known as discretionary power. Discretionary power is authority granted to police to make their own decisions, choosing from different alternatives …show more content…
It allows for police to treat individuals satisfactory according to the situation. For example, an officer may lawfully have to issue someone with a fine for a traffic offence but under police discretion, can dismiss them with only a warning due to the situation and circumstances, allowing a second opportunity or chance. Whereas, if the officer was to issue a heavy penalty to someone for a minor crime, they may be seen as “too harsh”. Discretionary power, therefore improves the connotations associated with police and society’s perception of …show more content…
One main disadvantage being that police can be discriminative. Some police officers may abuse the power of discretion and discriminate due to race, sex and age. For example, an officer may impose a heavier penalty than necessary due to the offenders’ variables such as ethnicity and social class. Discriminatory officers thereon often make unjust or prejudicial decisions as a result of their personal views which therefore interferes with equal rights in Australia.
Similar to discrimination, some officers may be bias according to past experiences. An officer’s personal attributes may affect their views on certain crimes and situations therefore obstructing fairness and equality within the legal system. For example, an officer who has lost a loved one to a young driver may then target all provisional drivers as a way of retribution. Once again, this interferes with the right to equality. Both biases and discrimination can cause police to abuse their power of discretion which can often lead to corruption within
Police play a fundamental role in the Australian legal system. Their main roles are; preventing and detecting crime by maintaining a public presence whilst acting as a deterrent and investigating crime as well as assisting in the prosecution of those charged with offences. The main police powers are outlined by statutes under the Law Enforcement (Powers and Responsibilities) Act 2002. These powers include the power to; arrest, issue cautions, obtain identification information and the power to stop and detain.
Additional to these powers, police also have police discretion, otherwise known as discretionary power. Discretionary power is authority granted to police to make their own decisions, choosing from different alternatives …show more content…
It allows for police to treat individuals satisfactory according to the situation. For example, an officer may lawfully have to issue someone with a fine for a traffic offence but under police discretion, can dismiss them with only a warning due to the situation and circumstances, allowing a second opportunity or chance. Whereas, if the officer was to issue a heavy penalty to someone for a minor crime, they may be seen as “too harsh”. Discretionary power, therefore improves the connotations associated with police and society’s perception of …show more content…
One main disadvantage being that police can be discriminative. Some police officers may abuse the power of discretion and discriminate due to race, sex and age. For example, an officer may impose a heavier penalty than necessary due to the offenders’ variables such as ethnicity and social class. Discriminatory officers thereon often make unjust or prejudicial decisions as a result of their personal views which therefore interferes with equal rights in Australia.
Similar to discrimination, some officers may be bias according to past experiences. An officer’s personal attributes may affect their views on certain crimes and situations therefore obstructing fairness and equality within the legal system. For example, an officer who has lost a loved one to a young driver may then target all provisional drivers as a way of retribution. Once again, this interferes with the right to equality. Both biases and discrimination can cause police to abuse their power of discretion which can often lead to corruption within