Shoot to kill: new move by Howard

23oct05

PRIME Minister John Howard is considering spelling out in legislation
the circumstances under which police can shoot to kill as part of his
new package of anti-terrorism laws.

The detailing of the precise conditions under which police may use
lethal force is one option being examined as a way of satisfying the
concerns of all state premiers over the laws.

The premiers revolted last week over the shoot-to-kill provisions but
Mr Howard needs the agreement of the state leaders to put key elements
of the anti-terror laws into force.

Mr Howard has argued the right of police to shoot dead suspects when
they threaten the lives of others or the police themselves has been
lifted straight from existing state criminal codes.

But the problem, from the premiers' perspective, is the circumstances
were tightly proscribed in state laws, whereas Mr Howard is proposing
they be applied to the new and much more nebulous idea of "preventive
detention" as it applies to suspected terrorists.

Mr Howard is examining a range of solutions, including the possibility
of creating a specific offence related to preventive detention that
would allow police to use lethal force: for example, where a suspect
"refuses to co-operate with a detention order".

The police would be able to act if they believed a suspect's non-co-
operation could cause serious injury or death to others.

"The police will then know what their rights are in that situation,"
one senior government source said.

"At present the police are not sure what their rights are.

"The problem is leaving it (the offence) undefined. Codifying the
circumstances in which police could use shoot-to-kill or reasonable
force provisions would give certainty and clarity to them u and also
to any potential victim," the source said.

Mr Howard signalled a possible shift on Friday when he said the shoot-
to-kill provisions did not go to the heart of the anti-terrorism laws.
"I'm sure that in further discussions with the premiers we can reach
some compromise or understanding," he said.

The Law Council objects to allowing police to use lethal force under
the new laws, saying police now acted when they had reasonable grounds
to make an arrest and lay charges, when they or others were at risk of
harm.

The council says Mr Howard's legislation should be withdrawn because
people not even suspected of having committed an offence could be
detained and subject to shoot-to-kill powers.


Source: "Sunday Mail" - Adelaide
http://www.theadvertiser.news.com.au/common/story_page/
0,5936,17005377%255E911,00.html


Cheers, Steve..

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