Review of the Police Powers (Drug Detection Trial) Act 2003 - NSW ...

There are also a number of seemingly insurmountable challenges facing police during drug detection trial operations.
The rapid dissemination of information about the nature and location of police activities via CB radio and mobile phone
networks restricts the ‘element of surprise’, which is an essential ingredient of any effective strategy targeting organised
drug traffickers. In addition, the limited ability of drug detection dogs to accurately detect the scent of prohibited drugs
while screening the outside of vehicles seriously undermines the capacity of police to target heavy vehicles involved in
the trafficking of drugs.
These fundamental challenges cause us to have considerable reservations about whether drug detection operations,
or operations employing a similar methodology, will ever result in the cost-effective detection and/or frustration of
persons involved in organised drug trafficking on a sustained basis.
Accordingly, we have not endeavoured to suggest how the legislation may be amended to further enhance operational
flexibility or effectiveness, and nor have we attempted to outline how changes in police practice might contribute to
greater success. After reviewing the trial powers on two separate occasions, the only possible conclusion that can be
drawn is that the powers do not assist or properly equip police to tackle the vehicular trafficking of indictable quantities
of drugs as intended.
6.2. Recommendations
Recommendations
1.
In light of the observations and findings detailed throughout this report, Parliament
give consideration to allowing the Police Powers (Drug Detection Trial) Act 2003 to
expire pursuant to section 23(2) of the Act.
2.
Noting the minimal success of the border areas and drug detection trials, Parliament
consider whether there is any merit in continuing to trial the powers given the
evidence of their limited utility in assisting police to detect persons involved in the
vehicular trafficking of indictable quantities of prohibited drugs.
The NSW Police Force advised that it agrees with the recommendations:
It is the general view of all involved [local area] commands that the restrictions imposed by the legislation made
it difficult for police to conduct successful operations during the trial period. The results obtained … provide
overwhelming evidence that this trial has not been cost effective. The NSW Police Force accordingly concurs
with both recommendations contained in Section 6.2 of the consultation draft report. 483
In addition, the NSW Police Force advised:
Policing of drug transportation is of course an ongoing issue. Accordingly, … the NSWPF Road Based Drug
Trafficking Working Group will continue its work to examine future strategies and enhancements to current
practices and procedures in order to address the transportation of prohibited drugs. 484
Endnotes
482
Interview G transcript, p.38.
483
NSW Police Force response to draft final report, 29 May 2008, p.2.
484
NSW Police Force response to draft final report, 29 May 2008, p.2.
88
NSW Ombudsman
Review of the Police Powers (Drug Detection Trial) Act 2003