JustSpeak is deeply disappointed by this afternoon's announcement from Justice Minister Paul Goldsmith on the proposed reforms to the laws regarding citizen’s arrest powers which include:
- Changing the Crimes Act so citizens can intervene to stop any Crimes Act offence at any time of the day.
- Requiring that a person making an arrest contact police and follow police instructions.
- Clarifying restraints can be used, when reasonable, when making an arrest.
- Changing the defence of property provisions to the Crimes Act so it is clear that reasonable force may be used.
The expansion of citizen’s arrest powers is a dangerous and irresponsible move by the Government because:
- It is likely to lead to misuse through racial profiling and increase harm through violence for everyone involved.
- It places retail staff in unsafe conditions requiring them to assess whether someone is committing a crime and use force and/or restraints to hold someone until police arrive.
- Employers and staff are forced to take responsibility for defending their property, which typically they are not trained to do. This violates workplace health and safety.
- It could see an increase in weapons use in places of employment.
- It does not address the root causes of retail crime, instead using punitive measures as a surface-level solution.
JustSpeak advocates for a fair and just criminal justice system, with an emphasis on evidence-based approaches, and the protection of human rights.
We firmly believe that addressing the drivers of retail crime, in this case the increase in the cost of living, means ensuring all communities have what they need to thrive.