Craig Caldicott OAM was recently on ABC Radio Adelaide’s Drive program to discuss an important legal issue that affects all South Australians: what rights people have when they are detained by Police Security Officers (PSOs), and whether those rights are being adequately explained.
Drawing on more than 40 years of experience in criminal law, Craig provided insight into the practical realities of police powers, the role of PSOs, and why the reading of legal rights remains a fundamental safeguard in a fair justice system.
Understanding Your Rights
Interviewed by Nikolai Beilharz, Craig discussed the rights that are commonly explained when a person is arrested or questioned by police, including:
- The right to remain silent.
- The right to speak with a lawyer.
- The right to an interpreter if English is not their first language.
Noting that many members of the public rely on police to explain these rights to them. Without being informed, people may not realise they are entitled to legal advice or that they do not have to answer questions. This can be particularly important for vulnerable individuals.
The Difference Between Police Officers and PSOs
A key focus during the interview was explaining the distinction between sworn police officers and Police Security Officers, and what happens when a person is detained by a PSO rather than a police officer.
According to Craig, it is rare for a PSO to detain someone. However, when it does occur, individuals may not be provided with the same information about their legal rights that would ordinarily be given by a police officer.
Why Reading Rights Matters
Craig explained that if a person is detained and begins speaking, what they say may later be used in court proceedings. Yet in some circumstances, they may not have been informed that they have the right to remain silent.
He noted that South Australian legislation requires rights to be explained in certain circumstances, particularly when a person is arrested by a Police Officer, and that these safeguards exist for good reason.
Should PSOs Be Required to Give Cautions?
When asked whether Police Security Officers should be subject to the same obligations as Police Officers when detaining individuals, Craig’s position was clear. He believes that anyone detained by a PSO should be informed of their rights.
Protecting Fairness in the Justice System
Craig’s comments highlighted a broader principle that sits at the heart of Australia’s legal system: fairness.
The right to silence, the right to legal advice and the right to understand the process through an interpreter are not technicalities. They are important protections designed to ensure that people can make informed decisions when dealing with authorities.
His interview on ABC Radio Adelaide reflects an ongoing commitment to public legal education and ensuring that South Australians understand both their rights and their obligations under the law.
