Legality of Picks in Australia

[chopitup]

Also, don't be afraid to call up your local law enforcement and ask them questions on legality. They will be happy you're trying not to break the law.

[digital_blue]

Also, don't be afraid to call up your local law enforcement and ask them questions on legality. They will be happy you're trying not to break the law.

This is a good idea. I did this myself when I first got my picks. Be caureful though. Not all local police are exceptionally well versed in law. My understanding is that for Winnipeg Police, their training involves a sum total of two days of study on Law, and there is no prerequisite to have Law courses under their belt before applying.

Having said that, they do learn on the job and I believe most police officers do their best to enforce the laws in an orderly and proper manner, and are not just out to get people. My point is, speaking to the local police is a good idea, but does not replace your own diligent research on the matter.

Cheers!

db

[ndgreen]

Well said Skold!

At the end of the day Police are trying to do a job, same as all of us, and are not out to get anyone (despite what the little voice in your head tells you! )

N.

[vector40]

Best sources for state statue clarification in the US (don't ask me about dem other countries): The Internet (http://www.law.cornell.edu/statutes.html, http://www.findlaw.com/casecode/), your state Attorney General's office (give them a call and chat with a staff attorney), and your competent and qualified lawyer.

[disko]

very valid points from everyone.

i'm not planning to take them anywhere, and in my whole life, I've had my name checked 3 times and been searched by police once (when I was 17 and intoxicated).

basically, they'll be staying at home.

[digital_blue]

That's probably a good decision.

db

[Ambush]

Also, not all policemen are arseholes. They may find them and aslong as you have no criminal record or have valid reason for carrying the tools, they will not worry.

A cople of months ago, I spent a bit of time researching the legality within Queensland.

A QPF officer said that their first reaction is to charge anyone who isn't a security person and let the courts decide legality.

A solicitor (Caxton Legal Service) said much the same thing, and that it would require legislative change to alter the situation.

[digital_blue]

Well that's kinda the pits. Hardly seems fair, but all it would take is one person actually taking it to court to defeat that. So who's up for it?

[Ambush]

Unless you're a solicitor or rich, the cost would be prohibitive.

[digital_blue]

Is there no form of "legal aide" in AU? In Canada, you need only be rich or poor to get a lawyer. It's just us middle class schmucks that can't afford to defend ourselves.

db

[Ambush]

There is Legal Aid, which can be used if you pass a means (financial status) test that proves you can't afford to hire one yourself. If some cases, people need to liquidate their chattels and savings, and spend this on legal defence before they can qualify for legal aid.

[digital_blue]

Ok, so then, I guess what we need is a poor Aussie sap without to nickels to rub together. He'd be the one to test this in the courts.

db

[Chrispy]

In a Magistrates Court (or Arrest Court), Legal Aid is available to anyone.

I would not be surprised to hear that coming from a QPS (it's a service, not a force ) officer. They would rather waste the police prosecutor and magistrates time, than let a potential thief go.

[Ambush]

Or find some poor homeless guy and plant a set of picks on him.

Off-topic, slightly, has anyone encountered WhiteHat recently? He doesn't seem to have posted since Nov last year.

[Chrispy]

BTW, welcome to LP101 Ambush.

Only the third Queenslander (that I know of) to ever come on here, and the only other active QLD member (Whitehat is kinda inactive )