Latest / The Slippery Slope / In the Name of The King. Police in Victoria Australia have the Right to do anything?
Transcript
- 0:12Hi Jay Fallon. So the other day I obviously had
- 0:16this discussion with temper the Ricard, she said she was going
- 0:19to send me a she had sent me a video Better reports on a Billy
- 0:26little known law in Victoria. I think it's based on the 17. 15
- 0:31Right Act legislation in the which comes from the motherland,
- 0:36the United Kingdom. But yeah, we have this law which
- 0:40is apparently still still enforceable in in Victoria at
- 0:45the moment. So they're taking steps to try
- 0:49and change it, but it looks like they haven't been able to change
- 0:52it at the moment. It's a little, to say the least.
- 0:57It's a little concerning. You know, the only.
- 1:01Anyway, I'll play this video for you.
- 1:02This is the only one that I could actually find, and I did
- 1:05read up a bit about the actual the legislation itself.
- 1:09So it is fairly disturbing to have this here, you know, in
- 1:14Australia. But at the same time it's it's
- 1:21disturbing, but it's not that surprising.
- 1:23It's not that surprising that it's not being removed either.
- 1:29Ends outraged at heavy-handed policing during the COVID
- 1:32pandemic can thank their lucky stars because it could have been
- 1:36much, much worse. Now I know that's a big thing to
- 1:39say because, well, remember this.
- 1:59Well, it turns out police were going easy on the public.
- 2:03There's little known law on the books in Victoria that gives
- 2:07police the power to do pretty much anything, including killing
- 2:10people if they fail to move on after being told to do so.
- 2:14And here's the important part in the name of the king.
- 2:18Now this law inherited from England is called the Riot Act
- 2:21and basically it works like this if a magistrate or a justice.
- 2:25Of the piece, reads a prepared statement to a crowd, telling
- 2:29them to move on in the name of the Sovereign.
- 2:31They've got one hour to do so in.
- 2:35One hour to do so. So yeah, like he said, it is
- 2:37based on the law which was brought over from the United
- 2:42Kingdom from 1715. Just the fact that they still
- 2:46got it on their books. Victoria, like I said, bought
- 2:49this law in on in 1860. The fact that they've got it in,
- 2:53they've been trying to remove it and yet.
- 2:55Still unable to remove it all. Unwilling to remove it.
- 2:59Very concerning. Continue anyway.
- 3:02And if they fail to do so, the law, the Riot Act still on the
- 3:06books in Victoria States and I quote.
- 3:09If persons so unlawfully, riotously and tumultuously
- 3:13assembled happen to be, you know, killed, maimed or hurt in
- 3:17the dispersing, the offenders, that is, the police shall be
- 3:20free, discharged and indemnified of, for and concerning the
- 3:24killing, maiming or hurting of any such person unlawfully
- 3:28assembled as aforesaid. Now this came to light yesterday
- 3:33when MP's were dealing with a bill to remove references to the
- 3:37sovereign or the. Anarchy from various pieces of
- 3:41legislation now Mp's voted to remove references to the Queen
- 3:45from this particular act, but left the act itself, which
- 3:48indemnifies police from killing citizens who failed to move on
- 3:52from a protest on the statute books.
- 3:56So makes absolutely no sense why you would.
- 4:00Why you would attempt. Well, you know why.
- 4:02You're going through the motions to remove the reference to the
- 4:05queen, but you still want. Still want this law kept in
- 4:09Victoria makes absolutely no sense unless unless you think
- 4:15that this law may may be used in the future.
- 4:19That's the only reason why I why I can see you would want to keep
- 4:23it. Here's Liberal Democrat David
- 4:25Limbrick. I am unsure with what's more
- 4:29concerning to me, the license to kill without consequence
- 4:31provided by this act, or the fact that upon review, the only
- 4:35amendment the government felt necessary to this archaic power
- 4:39was omitting Lady the Queen and God save the Queen from the
- 4:42proclamation that allows murder. Kel and Liz, I'm wondering if is
- 4:46this like an amusing legal oddity, or is this something the
- 4:50Victorian government should repeal and get rid of?
- 4:53100% they should repeal it, which other countries have done.
- 4:57Our mother country, the UK, did 10 years before I was born
- 5:02because they recognized that it wasn't right for.
- 5:06Yeah, OK, look, guarantee, there's there's no question it
- 5:10should be repealed. We'll go through a bit of other
- 5:14information here. So basically these, this
- 5:21Victorian piece of legislation, the 1860 Right Act is, is based
- 5:27on the piece of legislation from the United Kingdom, which is
- 5:33from 1715, which is also where we get our saying to read the
- 5:37Right Act. You would basically read, get up
- 5:40and read to a group of I think it was 12 or more peoples who
- 5:45were unlawfully. Gathering and protesting
- 5:49something. And you would read them, you
- 5:52know read read the act to them, read them their rights.
- 5:56Read them the right act. You'd give them one hour to move
- 6:00on. So I'll just read for you a
- 6:02little part of this abstract piece headed in the in the right
- 6:07act was read. So this is it was based it's a
- 6:10brief history of the law of Crowd control which takes the
- 6:13Right Act of 1715 as centerpiece and.
- 6:17And recounts the measures taken to suppress public disturbances.
- 6:22When someone says that they read the right act or had the right
- 6:25act read to them, we all know what they mean.
- 6:28For one reason or another, someone has behaved in a way
- 6:31that impacts adversely on others or themselves, so they're
- 6:35cautioned as to the antisocial nature of their behaviour and
- 6:40advice to stop immediately or face greater sanctions.
- 6:46And when they say greater sanctions, they mean greater
- 6:48sanctions. So the Riot Act of 1715
- 6:52prescribed that we're 12 or more more persons comprising and
- 6:55unlawful, riotous and tumultuous assembly disturbed the public
- 7:00peace and did not disperse within one hour of being
- 7:04commanded to do so. Those persons comprising of
- 7:07assembly were each guilty of a felony.
- 7:11Without benefit of clergy and the offenders therein shall be
- 7:16adjudged felons, and that's felons, not Lomas FELONS,
- 7:22felons, and shall suffer death as in case of felony, without
- 7:28benefit of clergy. Clearly the penalty was
- 7:32particularly grave and no doubt intended to operate as a
- 7:37sufficient deterrent. There would be writers who would
- 7:40have been well aware of the of the relative impotence of the
- 7:46constable and the watchman when confronted by the mob.
- 7:53So you look to have a law like this available to to state
- 8:02police in Australia to in a state within Australia.
- 8:07Very concerning. I've got no idea why they
- 8:09wouldn't just take it off as quickly as possible.
- 8:15What would you leave it in? Why would you argue?
- 8:18What would you push to leave it in?
- 8:20Why not just to remove it immediately?
- 8:23And this is the government's, which Dan Andrews is in charge
- 8:28of. Yeah, like I said, we've see it
- 8:34time and time again. New legislation comes through.
- 8:37This seems to be very or the harsh penalties or some really
- 8:41outlandish pieces to different legislation and people stand up
- 8:45and say, well, why would you have this in there?
- 8:49And politicians always say, well, this is just for extreme
- 8:51measures, just extreme cases. You know, we won't, we won't use
- 8:55it. We we hope that it won't ever
- 8:57get used. It won't ever come to that way.
- 8:59We'll have to use this kind of. We'll have to take those
- 9:02measures that we've mentioned in there, but you only have these
- 9:05things in your legislation if you want, if you think you may
- 9:10have the possibility to use it. It's a problem when our state
- 9:14and when a state within the nation of Australia has
- 9:18legislation on its books that is available for them to use and it
- 9:24shouldn't be very concerning. Let me know what you think.
- 9:29My name's Jake Fallon. Thanks for listening to the
- 9:31slippery slope.