Taking Police to Court Over Trespass

The Public Interest Advocacy Centre (PIAC) is representing two NSW mothers who say police misused their powers, visiting their families hundreds of times to check their children’s compliance with bail conditions – sometimes several times in one night and often in the early hours of the morning.

Under the NSW Bail Act, police are authorised to check that individuals comply with their bail conditions if they have court authorisation or reasonable suspicion of bail condition violations.

The mothers allege that the visits, frequently occurring in the early hours, lacked legal justification and amounted to trespass.

2SER Breakfast spoke with Grace Gooley, a senior solicitor with PIAC. The legal team has brought the matter before the NSW Supreme Court, seeking a judgment that the police actions were unlawful.

The issue highlights a broader concern about the oversight of police powers, especially about bail compliance checks. 

The court’s decision could clarify the rules for police bail checks and improve protections against misuse of power.