28/05/2020
POLICING - REASONABLE BELIEF
The concepts of a āReasonable Beliefā or āReasonable Suspicionā are found in most State and Federal legislation regarding Police Powers and Responsibilities. It is a cornerstone concept in Criminal Law, where taking action could lead to a decision to charge a suspect.
This concept must be distinguished between the concept of, āBeyond a Reasonable Doubtā ā only used in the Criminal Jurisdiction of Court Hearings and Trials (see Thomas v R (1959) 102 CLR 584).
Note: The burden of proof in Civil Jurisdictions is, āon the balance of probabilitiesā - As you will find in Domestic Violence Matters.
A Reasonable Belief or Suspicion only applies to a Police Officer performing their duties in the field. For example, when deciding to search a dwelling without a warrant, they must have a āReasonable Belief or Suspicionā (these terms are used interchangeably between different States) that an offence has occurred or is likely to occur. There are other ways these powers operate, such as to preserve evidence or in motor vehicle offences. However, these examples are far from exhaustive.
ā¢ When a Statute provides that there must be āreasonable groundsā for a belief, it requires facts which are sufficient to induce that state of mind in a āreasonable personā (George v Rockett at 112);
ā¢ What constitutes reasonable grounds for forming a suspicion or belief must be judged against, āwhat was reasonable capable of being known at the relevant timeā (Ruddock v Taylor [2005] HCA 48;
ā¢ āMust be objective criterion, not subjectiveā (Ruddock v Taylor [2005] HCA 48);
ā¢ āBelief is an inclination of the mind towards assenting to, rather than rejecting, a proposition and the grounds which can reasonably induce that inclination of the mind may, depending on the circumstances, leave something to surmise or conjectureā (George v Rockett).
Cheers,
Chris.
