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	<title>Comments on: Australians fondly remember the Labor Government of 1911</title>
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		<title>By: Tom McLoughlin</title>
		<link>http://www.crikey.com.au/2009/06/18/richard-farmers-political-bite-sized-meaty-chunks-36/#comment-29048</link>
		<dc:creator>Tom McLoughlin</dc:creator>
		<pubDate>Fri, 19 Jun 2009 07:43:58 +0000</pubDate>
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		<description>I just realised a legal question regarding tasers.

When a police officer directs you to stop doing something unlawful and you refuse (theoretically speaking) and the copper says &#039;right you are under arrest&#039; .... in point of fact the arrest is only effected by the actual submission to the direction, or by the touching of the hand or similar on the body of the arrestee.

For instance a tree sitter in a forest protest can&#039;t be arrested just by words thrown from the ground. That&#039;s why they call in the Police Rescue champs on their hydraulic lifts or whatever.

So take a person who say is unco operative for whatever reason under threat of being tasered. They may be breaking the law but until physically taken into custody chances are they are not yet under arrest.

So is it lawful reasonable force in all circumstances to taser someone who is not effectively under arrest? Like that guy on Oxford St. Should there be some obligations to try and arrest first on the police.

............................

Another thing that worries moi - had a neighbour once, young bloke, pot smoker/grower, tending to psychosis, petty thief probably. Sooo one day I find the cops outside his door and hear the rattling of the cutlery draw inside the bedsitter. Cops get alarmed - he&#039;s going for a knife they exclaim. I get an inspiration and call out to the guy saying it&#039;s just me the neighbour and take it easy and calm down and come out and talk to these guys.

He comes out - no harm done. He gets let out of outpatients next morning after his episode is resolved. How close did he come to a tragedy? It&#039;s a worry.</description>
		<content:encoded><![CDATA[<p>I just realised a legal question regarding tasers.</p>
<p>When a police officer directs you to stop doing something unlawful and you refuse (theoretically speaking) and the copper says &#8216;right you are under arrest&#8217; &#8230;. in point of fact the arrest is only effected by the actual submission to the direction, or by the touching of the hand or similar on the body of the arrestee.</p>
<p>For instance a tree sitter in a forest protest can&#8217;t be arrested just by words thrown from the ground. That&#8217;s why they call in the Police Rescue champs on their hydraulic lifts or whatever.</p>
<p>So take a person who say is unco operative for whatever reason under threat of being tasered. They may be breaking the law but until physically taken into custody chances are they are not yet under arrest.</p>
<p>So is it lawful reasonable force in all circumstances to taser someone who is not effectively under arrest? Like that guy on Oxford St. Should there be some obligations to try and arrest first on the police.</p>
<p>&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;.</p>
<p>Another thing that worries moi - had a neighbour once, young bloke, pot smoker/grower, tending to psychosis, petty thief probably. Sooo one day I find the cops outside his door and hear the rattling of the cutlery draw inside the bedsitter. Cops get alarmed - he&#8217;s going for a knife they exclaim. I get an inspiration and call out to the guy saying it&#8217;s just me the neighbour and take it easy and calm down and come out and talk to these guys.</p>
<p>He comes out - no harm done. He gets let out of outpatients next morning after his episode is resolved. How close did he come to a tragedy? It&#8217;s a worry.</p>
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