Nine To Noon Lawyers flag concerns with planned changes to Crimes Act
Mar 1, 2026
Julie-Anne Kincade KC, Vice-President of the Law Association and criminal law specialist, outlines risks in the proposed Crimes Amendment Bill. She discusses expanded citizens' arrest powers and dangers of untrained civilians detaining people. She raises Bill of Rights and legal challenge concerns, debates removing limits on force to protect property, and questions new coward-punch offences complicating prosecutions.
AI Snips
Chapters
Transcript
Episode notes
Expanded Citizens' Arrest Raises Safety And Legal Risks
- Expanding citizen's arrest to any offence increases risk of harm and legal confusion.
- Julie-Anne Kincade KC warns untrained citizens may wrongly detain people and must call police immediately or lose lawful justification.
Call Police Immediately When Detaining Someone
- If you detain someone you must call police immediately and follow their directions.
- Kincade says the person physically detaining someone is responsible for contacting police, and failure ends lawful detention.
Untrained Restraint Often Escalates And Harms
- Citizens lack training in restraint and de-escalation, increasing chances of injury or escalation.
- Kincade notes police have restraint training; untrained shopkeepers or bystanders may suffer tragic outcomes when intervening.