Explainer article by JEC Solicitor Kate Sinclair
In May 2024, the Law Enforcement Conduct Commission (‘LECC’) released an Issues Paper calling for submissions on questions around the legality and appropriateness of police bail check practices in NSW.
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NSW Police routinely conduct targeted bail compliance checks without first seeking court ordered enforcement conditions, relying instead on the common law doctrine of implied licence.[vii] This doctrine allows the general public to enter property and approach the front door without committing a trespass, provided they are doing so for a legitimate purpose – for example, knocking on your neighbour’s door to ask to retrieve a football from their garden.[viii]
The JEC and others suggest police reliance on the doctrine for these checks is inconsistent with the Bail Act and amounts to unlawful trespass.
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