Law Enforcement Agency Powers - Direction

Direction

The power of direction allows a LEA to direct a subject to either carry out some act or provide information with the subject having no right to refuse, even if the outcome is to incriminate the subject, that is, any explicit, implied, or de facto right to silence is overridden.

This power when provided to an LEA in a civil society or democratic society is typically counter balanced by the subject not being able to be prosecuted as a result of them complying with the direction, but they can be prosecuted if they do not comply. They can be prosecuted if other law enforcement outcomes have the otherwise same effect. A subject can be prosecuted using information obtained from another subject under direction.

An example of this power of direction is held by the Australian Crime Commission. The Australian Federal Police (AFP) also has a power of direction, but this is limited to being applied to AFP appointees.

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