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High Court finds police have an implied right to enter land to investigate the occupants

On 9 December 2020, the High Court handed down its decision in Roy v O’Neill [2020] HCA 45. The decision confirms police have an implied right to enter land to investigate the occupants by speaking with them, as long as the entrance onto the property is not for the sole purpose of subjecting the occupant to a coercive process.

In this Case Alert, W+K’s Greg Carruthers-Smith and Patrick Thompson look at the implications of this split decision for police, particularly regarding proactive policing in Australia and other agencies.

Click the download button below to read in full.

© Wotton + Kearney 2020
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