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Coercive Powers and the Australian National Crime Authority: A Practitioner's Defence
Author(s) -
Broome John
Publication year - 1998
Publication title -
australian journal of politics and history
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.123
H-Index - 23
eISSN - 1467-8497
pISSN - 0004-9522
DOI - 10.1111/1467-8497.00030
Subject(s) - seriousness , balance (ability) , political science , context (archaeology) , intrusiveness , democracy , law , separation of powers , law and economics , sociology , psychology , social psychology , politics , paleontology , neuroscience , biology
This paper considers the rationale for the use of coercive powers, such as investigative hearings and requirements to produce information, in the context of investigating serious criminal behaviour. It examines the extent to which such powers are used both in criminal and civil contexts and explores the principles which should be applied in deciding when such powers should be used. It argues that a balance must be struck between the degree of intrusiveness of such powers and the seriousness of the matters under investigation. It will suggest that in a liberal democratic framework such powers should only be used to investigate serious criminal behaviour or other conduct which has a serious impact on society. It is inconsistent with a liberal democratic tradition for such powers to be used without supervision by the courts. Finally, it will be argued that public debate about the use of such powers needs to be more informed. There needs to be greater understanding of the nature of these powers, and how they are used, and the checks and balances which should apply if the community is to make a considered decision on when such powers are appropriate.