Did you know that Police have been granted additional powers to search people without cause within the new designated area in the city, named a ‘Declared Public Precinct’?  The region involved pretty much covers that part of the city north of Currie Street to the river.  You could be walking out of the latest musical at the Festival Theatre with your kids and find yourself stopped and subjected to a metal detector search by police.

The Attorney General has approved a ‘Declared Public Precinct’ (see map below) under the Summary Offences Act 1953 for areas across the city to operate between the hours of 6.00pm – 6.00am on each Friday and Saturday, from 10.00am – 10.00pm each Monday to Thursday and each Sunday from 4.00pm – 10.00pm. The ‘Declared Public Precinct’ will continue until 9 October 2023 at which time SA Police would seek to have the declaration renewed.

Police have extra powers within these areas and times which includes searching anyone in the area with metal detectors, carrying out drug detection and serving barring orders on persons posing a risk to others or behaving in an offensive or disorderly manner.  Police can direct you to leave the area and you risk charges and fines if you return to the area within the designated period.  Police can also remove minors from the area if they believe they are in danger or are behaving in an offensive or disorderly manner.

These changes, that grant exceptionally broad powers to SA Police to stop and search anyone going about their own business, are intended to address issues of ‘public order and safety’.

Some offences will be expiable, however others may see you being arrested and required to appear in Court which can result in criminal convictions, fines of up to $2500 and imprisonment for up to two years. At Websters Lawyers, we can guide you through the options of either disputing charges, making submissions in mitigation of penalty and, for more minor offences, assist you with diverting the matters out of court.

If you are charged with one of the offences against the Declared Public Precinct, give our experienced team of criminal defence lawyers a call.

Declared Public Precinct