Further reading
Legislation, court cases, books, newspaper articles - it's all here. Don't forget to let us know if you want a link added.
Photo shows a police dog biting a police officer at a Sydney event to protest against the invasion of Iraq. Copwatch calls for horses and dogs not to be used at political protests. Animals are unpredictable and may attack (or in the case of horses, step on or push over) people without warning.
FOR LAWYERS
Lawyers and the legally literate should see John Stratton's website for very comprehensive coverage.
Also see the Legal Aid Criminal Law Solicitors' Manual
LEGISLATION
General powers in relation to holding a protest are dealt with by Part 4 Summary Offences Act 1988 (NSW), which outlines the "Notice of Intention" procedure for holding protests in NSW. General police powers are found in the
Law Enforcement (Powers and Responsbilities) Act 2002 (NSW).
COURT CASES
On the Notice of Intention procedure for holding a protest, see Commissioner of Police v Gabriel [2004] NSWSC 31 (30 January 2004) and Commissioner of Police v Rintoul [2003] NSWSC 662 (18 July 2003).
For those considering civil actions against the police, assault, wrongful arrest and false impriosnment, see Coyle v New South Wales [2006] NSWCA 95 (28 April 2006).
Damages against the police for trespass, see Kuru v State of NSW [2008] HCA 26.
For when offensive language might not be offensive language, see Police v Butler [2003]
BOOKS, REPORTS and WEBSITES (Also see Links)
Activist Rights Manual (Sydney-based)
Adjudicating Climate Change - UK book looking at the role of the courts in climate change protests and regulation.
Youth Justice: Your guide to cops and court in NSW 3rd edition by Jane Sanders and Ragnii Grainger (guide for young people involved with cops and the court system).
Freedom, Respect, Equality, Dignity: Action – NGO Submission to the Human Rights Committee published October 2008. Report to the United Nations by NGOs on the state of Australia's human rights.
Legal essay on Pine Gap arrestees, Satellites, Citizens and Secrets: R v Law and Others by Russell Goldflam.
Defend Yourself: Facing a charge in court by Tim Anderson 2nd edition Federation Press March 2008.
Report into APEC policing during 2007 by the Combined Community Legal Centres' Group and Kingsford Legal Centre.
Legal Observer Report No-WTO protests Sydney 2002.
Marginalized youth, surveillance and public space by Dean Wilson et al Monash University.
Dealing with Demonstrations: The law of public protest and its enforcement by Roger Douglas The Federation Press 2004. This is a comparitive analysis of public order law in relation to protests in each of the states and territories in Australia.
Blue Army: Paramilitary Policing in Australia by Jude McCulloch Melbourne University Publishing 2001. A bit dated, but a really interesting insight into the paramilitarisation of the police in Australia.
Criminal Laws: Materials and commentary on Criminal Law and Process of NSW 4th edition by David Brown et al. Federation Press 2006. With a 100+ pages on public order offences, including the regulation of public places, policies, offensive behaviour and offensive language offences, public assembly, riot and affray.
Retreat from Justice: Human Rights Law in Australia by Nick O'Neil et al. Federation Press 2004 with 40+ pages on freedom of assembly (chapter 12). Also see Chapter 8 for remedies.
The Best Olympics Ever? by Helen Jefferson Lenskyj State University of New York Press 2002 See Chapter 2 (Police, Protest and Olympic Legislation) and Chapter 9 (September 2000 in Melbourne and Sydney: Democracy at Risk).
Campaigning and the Law in NSW: A guide to your rights and responsibilities, Environmental Defender's Office (NSW) Ltd February 2007. A good general guide to activist rights. Sadly, only available in hard copy at a cost of $20. Contact the Environmental Defender's Office for more information.
Complaint letter to Ombudsman office from Newcastle Climate Camp Legals (July 2008). An example of a complaint letter (13 pages), discussing freedom of assembly etc. Go to the end of Climate Camp July 2008 page.
Legal Observer Team Report: World Economic Forum Protests: Melbourne September 11-13, 2000. pt'chang noviolent community safety group inc. Report on the protests critical of the police.
Alternative Law Journal Vol 33(2) pp 62-127, June 2008, special edition on Civil Rights and Civil Unrest with article on Civil Liberties and APEC by Dale Mills (unfortunately, available only by purchase).
Demonstrating respect for rights? A Human Rights approach to policing protest. Ordered by the House of Lords and House of Commons [UK] to be printed 3 March 2009. Human Rights Joint Committee - Seventh Report.
General
Researchers on protest events in Sydney should see Sydney Indymedia and Green Left Weekly. Green Left has a search / browse facility for its (mainly) weekly editions going back to 1991. Note that the dates at the bottom of some pages need to be treated with caution (compare to byline next to author's name).
http://www.engagemedia.org/ is also very helpful.
Official Reports
Many and various. For example, the various NSW Police, Australian Federal Police and ASIO Annual Reports.
An effective system for investigating complaints against police by Tamar Hopkins. International comparisons, including Victoria. Document reproduced as a pdf below.
an_effective_system_20ffbd.pdf | |
File Size: | 1167 kb |
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Final Her Majesty's Inspectorate of Constabulary Report Report on policing the London protests on 1 April 2009 (the one where Ian Tomlinson died following an assault by police).
NSW Police Force Handbook, December 2008 edition, can be found as an attachment below.
nsw_police_force_handbook_dec_2008.pdf | |
File Size: | 3617 kb |
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