The Proposed New Drug Supply Prohibition Order Laws

The Proposed New Drug Supply Prohibition Order Laws

The Proposed New Drug Supply Prohibition Order Laws
By Jimmy Singh, Principal lawyer at Criminal Defence Lawyers Australia.

The Drug Supply Prohibition Order Pilot Scheme Bill 2020 (‘the Bill’) proposed to be passed permits a police officer in NSW to stop, detain and search people convicted of a ‘serious drug offence’ without a warrant if certain conditions are met.

Currently, in NSW, a police officer is permitted to stop, detain and search a person without a warrant under section 21 of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW). This can only occur if the officer at the time forms a reasonable suspicion that the person about to be searched:

  • Has something in his/her possession that was stolen or otherwise unlawfully obtained, or
  • Has something in his/her possession that is used or intended to be used in or in connection with the commission of an offence, or
  • Has a prohibited drug or plant in his/her possession

What amounts to a ‘reasonable suspicion’ is outlined in the case of Rondo [2001] NSWCCA 540

Our Parramatta criminal lawyers outline the new extended proposed police powers below.

READ THE FULL PAPER: 

/download/The Proposed New Drug Supply Prohibition Order Laws (2).pdf



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