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ARTICLE · 12 OCTOBER 2014

Hell’s Angel – is this the end for bikie gangs?

NSW laws designed to prevent people associating with criminals (specifically, bikies) were found constitutionally valid.

AustraliaGovernment, Public Sector

The High Court has reached its first decision in the current wars between outlaw bikie gangs and State governments. The majority held that NSW laws designed to prevent people associating with criminals (specifically, bikies), are constitutionally valid.

Criminal bikie gangs are a hot topic in State governments at the moment. Queensland and New South Wales have both had a crack at bringing in a rather extraordinary suite of laws which stop bikies from meeting and conspiring to commit crimes.

NSW did it by prohibiting a person from 'habitually consorting' with a convicted criminal, where that person had been given a warning by police that the 'criminal', well, was a criminal. The legislation doesn't go into much further detail than that. The effect is that once you've been given a warning in relation to communicating with a particular 'criminal', you can be charged even if only texting each other about The Bachelor.

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