Covert search warrants inconsistent with the rule of law

Friday, 13 March 2009

NSWCCL media release: 3/2009

The NSW Government proposes to allow NSW police to conduct secret searches of premises for a wide range of criminal offences. Police will also be authorised to secretly enter premises adjoining premises occupied by people under investigation.
Mr Stephen Blanks, secretary of the NSW Council for Civil Liberties, said today “The concept of covert search warrants is contrary to the basic tenets of the rule of law.”
“State agencies in democratic nations have always had to give notice of an intended search, because the potential for abuse without notice is extreme. ”
“Police will be opening themselves up to allegations that they have planted evidence or tampered with evidence when they are conducting searches without any independent supervision.”, Mr Blanks said.

Covert searches presently are only available for terrorism offences, where there is a risk of serious injury to the public. It is very dangerous to make extraordinary powers which infringe basic liberties generally available to police. The International Commission of Jurists has recently warned against allowing anti-terrorism powers to be extended to ordinary crime.

“This law demonstrates the need for a human rights bill. The public needs protection from politicians always extending the powers of their agencies,” Mr Blanks said.

The range of "serious offences" for which a covert search warrant can be issued will be extremely broad and could include some offences that are relatively minor, such as:
• cultivation of drugs (2 plants in an individual’s backyard would be sufficient)
• destruction of property (an individual smashing the window of their Department of Housing dwelling would be sufficient).
The laws are being introduced even though a report from the NSW Ombudsman on the use of covert search powers for terrorism offences, which was given to the government last September, has not been released. “The Government should release the Ombudsman’s report,” Mr Blanks said.
The Government is intending to allow covert searches without any safeguards. The warrants will be issued without notice to any independent public official, and will be executed without any independent supervision.
The Bill was passed by the NSW Legislative Assembly on 11 March 2009, and will shortly be considered by the Legislative Council.