Shoot-to-kill powers, preventive detention overhaul to be backed by government after Brighton attack

VICTORIA’S top cop says police are more likely than ever to have to “shoot first” given our current terror threat, as the government announces a raft of measures to prevent a mass casualty attack.

VICTORIA’S top cop says police are more likely than ever to have to “shoot first” given our current terror threat, as the government announces a raft of measures to prevent a mass casualty attack.

A review of police powers, commissioned after the Brighton terror siege, has clarified pre-emptive shot-to-kill powers.

Police and Protective Services Officers can pre-emptively use lethal force in life-threatening situations where “it may be the last opportunity to effectively and safely intervene”.

Victoria Police chief commissioner Graham Ashton said he had long called for the clarification.

“In this day and age there is a need to act quickly, seconds count,” he said.

“We are more likely than ever to have to shoot first.

“We can’t allow any uncertainty to creep in there.”

Mr Ashton said the decision to use pre-emptive lethal force would rest with officers at the scene.

“It’s the officer on the spot whether it’s an SOG sniper or whether it’s an officer turning up in a community location,” he said.

Premier Daniel Andrews said the two-part review would ensure there were no “gaps” that could compromise police response to terror incidents.

“I think all Victorians, they obviously recall that a young man lost his life, a young woman was taken hostage and three members of the special operations group were shot,” he said.

“It was a frightening, deadly and tragic event and it was one that called us to action.”

Responding to questions about beefed up powers to detain terror suspects, Mr Andrews said he had no issue “curtailing the rights of a small number” to keep the community safe.

Recommendations sent to the Andrews Government in a high-level review of the Brighton siege response also include strengthening parole laws to stop sympathisers being released from jail early.

The Herald Sun understands the expansion of detention orders, which allow police to lock up people for two weeks without charge, could be brought into line with NSW, which can detain people as young as 14.

EDITORIAL: GETTING AHEAD OF THE THREAT

VICTORIAN PAROLE BOARD TO BE GRILLED OVER RELEASE OF BRIGHTON SIEGE GUNMAN YACQUB KHAYRE

Brighton terrorist Yacqub Khayre shot dead receptionist Nick Hao and wounded three police, before being killed by members of the Special Operations Group.

The recommendations, set to be adopted by the government, are included in the first stage of a two-pronged inquiry in the wake of the Brighton attack in June.

Yacqub Khayre shot dead receptionist Nick Hao and wounded three police, before being killed by members of the Special Operations Group.

Former Victoria Police chief commissioner Ken Lay and former Supreme Court of Appeal Justice David Harper led the “root-and-branch” review to bolster the state’s laws, procedures and powers in the fight against terror.

Then-Victoria Police chief commissioner Ken Lay. Picture: Steve Tanner

The second stage of the review is also working on a tough regimen of intervention orders to force wannabe jihadis into deradicalisation programs.

This would give police the power to ask magistrates to grant orders — which are similar to family violence intervention orders — against anyone deemed to be an extremist risk and force them into compulsory counselling and education programs.

It comes as the Turnbull Government considers how uniform intervention and preventive detention order schemes could be implemented nationally, ahead of a special Council of

Australian Governments meeting next month on counter-terrorism.

Primer Minister Malcolm Turnbull with federal MP Jason Wood.

Federal MP Jason Wood, a former member of Victoria Police’s Counter-Terrorism Unit, has spearheaded a push for the intervention orders and has been lobbying the Prime Minister with his proposal.

“Police urgently need the tools to deal with extremists,” Mr Wood said. “The wait-and-see approach when it comes to terrorism is not a satisfactory way to protect the public.”

The La Trobe MP’s plan would see extremists banned from accessing radical content online, interacting with other extremists and going to specified places of worship. He said the orders needed a counselling focus with the involvement of vetted religious and community leaders. The Herald Sun understands the orders have the backing of police.

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