Why you dont EVER need to stop for the police again! In late 2012 Supreme Court Justice Stephen Kaye made one of the most important rulings to ever affect the general Australian public and, undoubtedly, the most important ruling to ever affect the Australian motoring public. In the matter of the DPP v Andrew Hamilton, Justice Kaye stated that a person who is not under arrest is entitled to do a runner from police seeking to question them. He further went on to state that Mr Hamilton, like any other person, was under no obligation to stop and speak to police when they approached him. In line with what we have been telling our Members for many years now, the judge went onto say that it was an ancient principle of the common law that no-one has to stop and speak to police or answer their questions and there was no legislation in Victoria (or any other State) that alters that right. You can read further details of this ground breaking decision here - news.au/national-news/supreme-court-rules-person-is-entitled-to-do-runner-if-not-under-arrest/story-e6frfkvr-1226205953554 At the end of the day, this means that you do NOT have to stop if the police put on their flashing lights behind you, pull up beside you and ask you to stop or motion you to pull off the road and stop - you can just keep driving with the law behind you 100% stating that you do not have to stop and answer their questions unless you are under arrest! We fully expect that when everyone starts exercising their right under this momentous ruling, the number of on-the-spot fines will reduce dramatically. *** Breaking News *** On 21 July 2013, Magistrate Duncan Reynolds, made a further ruling - in line with the one by Supreme Court Justice Stephen Kaye - that specifically stated that police cannot pull over vehicles without a reason. As this story details - theage.au/victoria/police-power-to-stop-cars-under-threat-20130620-2oluv.html - whilst the police used to rely on Section 59 of the Road safety Act to stop motorists at random to check licences, registration and for outstanding warrants, Magistrate Duncan ruled that the law did not give police an unfettered right to stop or detain a person and seek identification details. This further confirms what we stated above - the police have absolutely NO power to pull you over, do a random licence check, make you stop for a Sherriff to clamp your car for outstanding warrants or issue any on-the-spot fines - you just need to keep driving! Quite simply, if you ever receive an on-the-spot fine from this point forward then you have simply given away your common law and court given rights which we urge you to exercise at EVERY opportunity.
Posted on: Wed, 10 Sep 2014 12:55:49 +0000
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