Page 4698 - Week 16 - Wednesday, 28 November 1990
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Mr Collaery: To which police report are you referring? What is the date?
MR CONNOLLY: It is the May Australian Federal Police report, which I clearly identified earlier in my remarks. If the Attorney had been present in the chamber or listening, he would have been aware of that. But I am quite happy to repeat my remarks for Government members who are not listening. In relation to the incident in Mawson on 13 January, at which eight persons were present, the report states:
Police were called to a report of a brawl involving persons leaving a private party. As a result of initial enquiries one person was taken into custody. Due to the demeanour of the others present, police believed that further acts of violence would occur. A direction to move-on was given and the group dispersed without further incident.
So, again we had a group of persons acting in a threatening manner, lurking about by the police car, and the police had an indication that further acts of violence would occur. Again there was a brawl, and the police arrested one person but decided not to arrest others. They have the discretion either to arrest other persons for substantive offences or to use the time-honoured and effective discretionary police action of saying to the persons concerned, "You have the choice - you can clear off, or we will implement the law and arrest you for a substantive offence".
Mr Speaker, I could go on. There was another incident on 11 February at 3.00 am at Belconnen, outside licensed premises again. As Mr Stefaniak noted, it is often outside licensed premises that these offences occur. A group of 10 persons were seen fighting as police approached. So, Mr Speaker, there you have a substantive offence. There is a brawl going on, and police approach and identify individuals who are fighting; so the police have a basis for arrest. The report states:
The fight stopped on police arrival, but there was no indication of the group dispersing. Due to the demeanour of the persons, police believed that the fight would start again as soon as they departed. A direction to move-on was given. All persons moved on without further incident.
Again, there was an actual offence in place when the police arrived. The police have the discretion either to make a substantive arrest for the actual offence or to use the possibility of making an actual arrest for a substantive offence to indicate to those persons that they have the choice - they either cut it out or move on.
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