Police immunity from criminal liability: The High Court and the Zachary Rolfe murder trial. (June 2022)

• Record Type: Journal Article
• Authors: Gray, Stephen
• Is Part Of: Alternative law journal. Volume 47:Number 2(2022)
• Page Start: 137
• Page End: 142
• Publication Date: 2022-06
• Subjects: Criminal law -- High Court -- Indigenous legal issues -- Northern Territory; Law -- Australia -- Periodicals; Law -- Social aspects -- Australia -- Periodicals; Law reform -- Australia -- Periodicals; 349.94
• DOI: 10.1177/1037969X221092497
• Languages: English
• ISSNs: 1037-969X

Abstract

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.