Police immunity from criminal liability: The High Court and the Zachary Rolfe murder trial

This article considers the High Court decision of November 2021 concerning the immunity from criminal prosecution for police contained in the Northern Territory's 'Police Administration Act'. It then discusses the idiosyncratic way the immunity came into being, and the question of whe...

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Bibliographic Details
Published inAlternative law journal Vol. 47; no. 2; pp. 137 - 142
Main Author Gray, Stephen
Format Journal Article
LanguageEnglish
Published Clayton, Vic SAGE Publications 01.06.2022
Legal Service Bulletin Co-Operative Ltd
Subjects
Australia
Australia. High Court
Criminal law
Criminal liability
High Court
Human rights
Indigenous peoples
Law
Legal studies
Legislation
Police
AUSTRALIA
Northern Territory
Indigenous legal issues
Northern Territory
High Court
Criminal law
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Summary:This article considers the High Court decision of November 2021 concerning the immunity from criminal prosecution for police contained in the Northern Territory's 'Police Administration Act'. It then discusses the idiosyncratic way the immunity came into being, and the question of whether it was introduced by accident or design. Thirdly, it considers the desirability of including immunities of this sort in police powers legislation, arguing that criminal immunities of this type have no place in legislation governing the powers and functions of police.
Bibliography:Alternative Law Journal, Vol. 47, No. 2, Jun 2022, 137-142
Informit, Melbourne (Vic)
ISSN:1037-969X
2398-9084
DOI:10.1177/1037969X221092497