Police officers engage in misconduct when they abuse their position of power to A written law made by parliament. Also called an ‘Act of parliament’, ‘statute’ or legislation. improperly or illegally. People who have experienced police misconduct often feel a sense of injustice and unfairness.
Examples of police misconduct include:
- excessive use of force, assault or manhandling;
- inappropriate use of capsicum spray;
- failing to act or investigate;
- racial discrimination;
- illegal searches;
- unlawful To seize a person suspected of breaking the law and hold them in custody. Police have powers to arrest and charge suspected offenders and bring them before a court.;
- Without lawful authority, keeping someone locked up or confined, preventing them leaving against their will. A common law action challenging the legality of someone’s imprisonment seeks a writ of habeas corpus (Latin for ‘have the body’, meaning ‘bring the person before the court’).;
- malicious The party presenting evidence in court on behalf of the state or Commonwealth government against a person accused of committing a crime. Also called the Crown. (i.e. lodging criminal charges for an improper reason);
- unlawful A document signed by parties ending a court action. The party who began the action agrees to drop it, often in exchange for a payment by the other party. Also called terms of settlement. to the public of confidential information retained by Victoria Police.