Swearing at the police can still be a crime

For the last week or so the UK media has made a lot of noise about a recent judgment where the Queen's Bench upheld an appeal by Denzel Harvey against his conviction for using threatening, abusive or insulting words within the hearing of a person likely to be caused harassment, alarm or distress, contrary to …

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Running from the police ain't a crime when you ain't arrested

Only recently my colleague discussed the case of a man who fled from police who wanted to speak with him about dinner.He was charged with resisting the police in their execution of their duty — making life difficult by not hanging around to be investigated. The Magistrates' Court dismissed the charge in Hemingway v Hamilton …

Continue reading Running from the police ain't a crime when you ain't arrested

Running from the police ain’t a crime when you ain’t arrested

Only recently my colleague discussed the case of a man who fled from police who wanted to speak with him about dinner.He was charged with resisting the police in their execution of their duty — making life difficult by not hanging around to be investigated. The Magistrates' Court dismissed the charge in Hemingway v Hamilton …

Continue reading Running from the police ain’t a crime when you ain’t arrested

Security or security blanket?

Every day at metropolitan court houses in Victoria we see the unedifying sight of police and lawyers being searched before they're permitted inside. (This doesn't occur at some country venues simply because there aren't any security guards employed for this at all venues.)The basis for this is s 3(3) of the Court Security Act 1980, …

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