Community Legal Centres Queensland believes that police, as repositories of state power, have a responsibility to fulfil their role in society with equal respect for the rights of all individuals with whom they come into contact.
Community Legal Centres Queensland supports, in particular, article 9 of the International Covenant on Civil and Political Rights, specifically that:
- Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his or her liberty except on such grounds and in accordance with such procedure as are established by law.
- Anyone who is arrested shall be informed, at the time of arrest, of the reasons for his or her arrest and shall be promptly informed of any charges against him.
- Anyone arrested or detained on a criminal charge shall be brought promptly before a judge or other officer authorised by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release. It shall not be the general rule that persons awaiting trial shall be detained in custody, but release may be subject to guarantees to appear for trial, at any other stage of the judicial proceedings, and, should occasion arise, for execution of the judgement.
- Anyone who is deprived of his or her liberty by arrest or detention shall be entitled to take proceedings before a court, in order that that court may decide without delay on the lawfulness of his or her detention and order his or her release if the detention is not lawful.
- Anyone who has been the victim of unlawful arrest or detention shall have an enforceable right to compensation
Community Legal Centres Queensland advocates
- increased accountability;
- Increased diversion for vulnerable groups;
- Appropriate screening of people to identify intellectual disability and capacity issues early in the criminal justice process;
- Appropriate data collection relating to people with disability in the criminal justice system.
Listed below are a range of research papers, submissions, news articles and items of interest that provide additional information on this subject area.