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

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2 June 2008 Level 24 580 George Street Sydney NSW 2000 Phone 02 9286 1000 Fax 02 9283 2911 Tollfree 1800 451 524 TTY 02 9264 8050 Web www.ombo.nsw.gov.au Mr Andrew Scipione Commissioner of Police Level 14, 201 Elizabeth Street Sydney NSW 2000 Dear Commissioner Pursuant to section 22 of the Police Powers (Drug Detection Trial) Act 2003, I have been required to keep under scrutiny the exercise of functions conferred on police by the Act. I am pleased to provide you with my report detailing the activities undertaken, and my findings and recommendations that result from this review. I draw your attention to section 22(5) of the Act, which requires the Attorney General to lay a copy of this report before both Houses of Parliament as soon as practicable after receipt. Yours sincerely Bruce Barbour Ombudsman NSW Ombudsman Review of the Police Powers (Drug Detection Trial) Act 2003 e
Foreword The vehicular trafficking of large quantities of drugs is a significant law enforcement issue. With increased security at domestic airports in response to the threat of terrorism, it would appear that the road-based movement of drugs is now a more appealing option to drug couriers. Without doubt, police need a variety of strategies to detect generally well-organised drug couriers. The Police Powers (Drug Detection Trial) Act 2003 aimed to equip police with additional powers to tackle the vehicular trafficking of indictable quantities of drugs by allowing police to randomly stop and screen vehicles with drug detection dogs in areas where there is intelligence and evidence suggesting that drugs are being couriered on a regular basis. A critical examination of this trial and its predecessor — the Police Powers (Drug Detection in Border Areas Trial) Act 2003 — reveals the powers are demonstrably ineffectual in assisting police to apprehend drug couriers on a sustained basis. The inability to conduct operations with a sufficient element of surprise due to the rapid dissemination of the nature and location of operations via CB radio and mobile phone networks, as well as the limited capacity of drug detection dogs to detect the scent of drugs secreted in heavy vehicles, are inherent flaws for which there is no simple remedy. Police already have a number of tried and proven strategies to identify and apprehend drug couriers. Highway patrol officers regularly apprehend drug couriers with significant amounts of drugs as a result of using their intuition, knowledge and experience while conducting ordinary duties. I am confident that the cessation of the trial powers will not impact on the capacity of police to seize drugs being trafficked by road throughout NSW. I trust this report will assist both police and the Parliament in assessing the effectiveness of strategies to tackle the vehicular trafficking of prohibited drugs. Bruce Barbour Ombudsman NSW Ombudsman Review of the Police Powers (Drug Detection Trial) Act 2003 g
Page 1 and 2: Review of the Police Powers (Drug D
Page 3 and 4: Any correspondence relating to this
Page 5: 2 June 2008 Level 24 580 George Str
Page 9 and 10: Chapter 4. Issues identified during
Page 11 and 12: or is to be, used on a regular basi
Page 13 and 14: Issues identified during the drug d
Page 15 and 16: Conclusion A critical examination o
Page 17 and 18: viii NSW Ombudsman Review of the Po
Page 19 and 20: The bill proposed a number of chang
Page 21 and 22: 4 NSW Ombudsman Review of the Polic
Page 23 and 24: In addition, if the authorisation i
Page 25 and 26: 2.1.9. Reporting and record keeping
Page 27 and 28: If the drug detection dog indicates
Page 29 and 30: 41 Police Powers (Drug Detection Tr
Page 31 and 32: 3.2. Number of vehicles and persons
Page 33 and 34: Table 3 details drugs seized, legal
Page 35 and 36: Local area command/s where operatio
Page 37 and 38: One person was charged with resist/
Page 39 and 40: In addition, a driver of a Pantec t
Page 41 and 42: 118 Pursuant to s.12 of the Crimes
Page 43 and 44: Getting an authorisation is a lengt
Page 45 and 46: (b) the likelihood of success of th
Page 47 and 48: Case study 1 Grant of authorisation
Page 49 and 50: 4.1.5. Capacity of designated offic
Page 51 and 52: The officer will then stop each veh
Page 53 and 54: mindful to ensure that they do not
Page 55 and 56: We raised this issue during the bor
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In circumstances where a person sea
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During pre-operational briefings Om
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In addition, boredom, motivation, f
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Case study 7 No drugs located, no a
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Case study 9 Persons searched withi
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4.7.2. Police views A number of sen
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However, the NSW Police Force noted
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203 See paragraph 12.4 ‘Requestin
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56 NSW Ombudsman Review of the Poli
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• One or more drugs were located
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… the nature of the legislation a
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We also got some specific [intellig
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I think that was something that rea
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… if they’re serious about the
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This view was echoed by officers co
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We raised the issue of regional sta
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Table 4. Operational costs Operatio
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5.7.2. Community support 5.7.2.1. P
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According to survey participants, t
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Case study 14 Delayed by search 457
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… a reduction in costs and resour
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Case study 17 Police seize $875,000
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366 Interview A transcript, pp.18-1
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86 NSW Ombudsman Review of the Poli
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There are also a number of seemingl
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Appendix 1. Memorandum of Understan
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MOU between NSW Police and the Ombu
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Other information requirements
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Appendix 4. Sample of an authorisat
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106 NSW Ombudsman Review of the Pol
Page 125 and 126:
Appendix 6. Telephone survey tool.
Page 127 and 128:
Acknowledgments This report was res
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