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

2.3. Planning, conducting and reporting on drug detection operations 70
Police are guided in almost all aspects of the planning and execution of drug detection operations by the Standard
Operating Procedures (‘SOPs’) for the drug detection trial. 71 In addition, SOPs regulating other areas of police
practice may also be utilised. For example, SOPs outlining procedures for assessing the suitability of check points, 72
and safely stopping vehicles during operations 73 also guide police in planning and conducting operations.
2.3.1. Preparing for drug detection operations
There are a number of steps involved in planning a drug detection operation that occur weeks and in some instances
months before an operation is conducted.
A police officer who suspects on reasonable grounds that particular roads or highways in their local area command
are being used on a regular basis for, or in connection with, the supply of indictable quantities of prohibited drugs
gathers information and evidence to establish the grounds for an application for authorisation. 74
The officer determines the size and scope of the planned operation including the number of police officers and drug
detection dogs required. The size of any operation is determined by the objective of the operation and available
resources (such as police officers and drug detection dogs).
The officer, after consulting with the Roads and Traffic Authority, identifies suitable locations to conduct the operation
and performs site assessments utilising a risk management tool which addresses occupational health and safety
issues. The officer may also develop a traffic management plan for the site/s to be used during the operation.
The officer compiles a plan for the operation, which police call ‘operational orders’. In addition to the above
information, operational orders generally contain:
• background information about the purpose and scope of the operation
• details about the execution of the operation including an outline of the various roles, duties and
responsibilities of officers involved
• a brief description of legislative and procedural requirements, and
• intelligence material that may be useful for officers participating in the operation (for example, details of drug
concealment methods or persons and/or vehicles to be targeted).
The officer drafts an application for authorisation using a template contained in the SOPs. The draft application is
forwarded to NSW Police Force Legal Services who provide advice on whether the application meets the legislative
requirements of the Drug Detection Trial Act. The officer makes any suggested changes and then arranges for the
application to be placed before a designated officer for the grant of an authorisation.
2.3.2. How police conduct drug detection operations
Police usually conduct an operational briefing before commencing drug detection operations. At the briefing the
officer in charge provides a detailed outline of how the operation will be executed including a discussion of the roles
and responsibilities of participating officers. The briefing also provides an opportunity for officers to clarify any issues.
As discussed above (at paragraph 2.1.4), the Drug Detection Trial Act gives police the power to screen vehicles with
drug detection dogs in two discrete ways. A vehicle can be directed to stop at a check point and screened, or police
can screen vehicles stopped anywhere in the authorised search area.
2.3.2.1. Vehicles stopped at a check point
When a vehicle is initially stopped by police at a check point it is directed to the ‘cold zone’ where an officer — known
as the ‘scribe’ — provides the driver with verbal and written information 75 about the purpose of the stop. Police
generally ask drivers of heavy vehicles to step down from the cabin to provide this information. The drug detection
dog is then led around the outside of the vehicle and the driver, if she or he has alighted from the vehicle. The drug
detection dog is also authorised to screen certain non-passenger areas of commercial vehicles such as cargo holds
of heavy vehicles and luggage holds of coaches.
If the drug detection dog does not indicate to its handler that it has detected the scent of a prohibited drug, the driver
is usually thanked for their cooperation and directed out of the check point. This process usually takes no more
than a few minutes. However, police may also perform other functions such as random breath testing or log-book
compliance checking before or after the vehicle is screened by a drug detection dog, which invariably adds to the
processing time.
NSW Ombudsman
Review of the Police Powers (Drug Detection Trial) Act 2003
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