Review of the Police Powers (Drug Premises) Act 2001 - NSW ...

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This example is qualitatively distinct from the kind of “drug house” that the legislation was purportedly directed at ... Using the new legislation to arrest and prosecute homeless people is disingenuous and can only serve to further entrench their marginalisation. The criminal law is a blunt and ineffective instrument incapable of making the kinds of distinctions necessary to respond to complex social and economic realities which underpin homelessness and drug use. 666 The incident in which the Drug Premises Act was used on this squat is documented in the case study below. Case study 23. Squat as drug premises Cabramatta Police had intelligence that drugs were being dealt from a squat in Cabramatta that was in the grounds of a bowling club. Intelligence about drug dealing and drug use at the squat came from a range of sources, including police informants, community sources and drug users who were questioned after they left the premises. We examined ten intelligence reports relating to this premises. One report stated that police had been told: On most occasions drugs are sold in the morning for a few hours and then after a break they start selling again in the afternoon for a few hours. But when drugs are not being sold from the premises people still come and go and use the place to inject themselves. 667 Police conducted surveillance on the squat for several days. They saw “numerous persons attend the premises for a short time before leaving again”. 668 Several days later, police sought permission from the manager of the bowling club to search the premises. That afternoon, police from the Greater Hume TAG gained entry. They found six adults and an eight-year old child in the house. During their search, police found about 700 syringes scattered throughout the rooms of the squat, and about 100 syringes in the bathroom. Safe Injecting Room was written on the rear bathroom wall. Police also found 150 water balloons, $1000, and nine rounds of rifle ammunition. Property that police believed to be stolen was also found, including a computer, a mountain bike and jewellery. In the event narrative relating to this incident, it is noted that: Police believe the premises is a drug house as set out in the Drug Premises Act, 2001. Police believe the premises is used as a drug house in that persons would either use the dedicated injecting room or one of the other rooms and inject the drugs purchased. 669 All six people found on the premises were charged with being found on drug premises. That evening, the squat was demolished. One man was convicted of being found on drug premises, and sentenced to nine months gaol. A woman who was found on the premises was also convicted, and fined $300. Charges against two other people were dismissed or withdrawn. A further two people failed to appear at court, and a warrant was issued for their arrest. 7.7. Court outcomes relating to drug premises charges laid in Cabramatta Court results and pleas entered into in relation to 80 (eighty) defendants who were charged with a drug premises offence in Cabramatta are set out below. 670 7.7.1. Being found on, entering or leaving drug premises (first offence) Court results relating to 52 defendants who were charged with being found on, entering or leaving drug premises in Cabramatta are shown in the table below. 666 Ibid, p. 22. 667 Intelligence Report, Cabramatta LAC, Drug Premises Incident 9. 668 COPS event narrative, Cabramatta LAC, Drug Premises Incident 9. 669 Ibid. 670 These statistics have been collated from court transcripts analysed for this review in relation to 80 defendants who were charged in the Cabramatta LAC. 124 NSW Ombudsman Review of the Police Powers (Drug Premises) Act 2001
Of these 52 people, 31 people pled guilty, and 7 pled not guilty. A further 14 did not enter a plea, in some instances this was because they failed to appear in court, or because the charge was withdrawn. Table 14. Being found on, entering or leaving drug premises (first offence) in Cabramatta, court results Court Outcome Number of Defendants Conviction 32 Filed in Court 671 2 Warrant to Issue 6 Dismissed 8 Withdrawn 4 Total Number of Defendants 52 Source: Local court transcripts. Table 15. Being found on, entering or leaving drug premises (first offence) in Cabramatta, penalty type Penalty Type Number of Defendants Imprisonment (3 - 12 months) 17 Community Service (100 - 200 hours) 2 Probation (18 – 24 months) 2 Bond (9 months - 2 years) 9 Fine ($100 - $400) 2 Total 31 Source: Local court transcripts. Of the 17 people who received a gaol sentence for being found on drug premises, 7 people received the maximum penalty of 12 months imprisonment. Nine people received custodial sentences ranging from three months to six months imprisonment, and one person was sentenced to nine months imprisonment. The bonds given to four defendants were of nine months, 12 months, 18 months, and two years in length. The two fines issued were of $100, and $400. 7.7.2. Being found on, entering or leaving drug premises (second offence) We examined two court transcripts relating to defendants who had been charged with a second offence of being found on, entering or leaving drug premises in Cabramatta. The maximum penalty for this offence is a term of five years imprisonment, or a fine of $55,000. Both defendants pleaded guilty, and each received a twelve month term of imprisonment. 7.7.3. Organising, conducting or assisting drug premises Court results for seven defendants 672 who were charged with organising, conducting or assisting drug premises in Cabramatta are set out in the table below. 671 Charges are usually filed in court when a person has been charged with other offences which attract higher penalties. These charges are dealt with in the court proceedings, and the drug premises charge is filed at court. 672 We examined a further two court cases relating to people who had been charged with this offence, but at the time of writing, the two defendants had not yet been sentenced. NSW Ombudsman Review of the Police Powers (Drug Premises) Act 2001 125
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Review of the Police Powers (Drug P
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Contents Preface ..................
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Chapter 11. Drug move-on powers in
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Acknowledgements This report was re
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Part One. Background. Chapter 1. In
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Drug offences, unlike for example,
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elieve is in a public place with th
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Chapter 2. Methodology In this chap
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2.3.5. Health data NSP distribution
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As the table indicates, more than o
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2.4.7. Complaints The NSW Ombudsman
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NSW Police advised us that calculat
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Another data limitation is that COP
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Chapter 3. Legislative survey This
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Once police have entered the suspec
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The table below sets out the penalt
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(c) that the nature and extent of t
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The Act contains four additional in
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A fortification removal notice is r
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For example, section 39(3) of the Q
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Part Two. Drug premises Chapter 4.
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In the police training manual on th
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Case study 2. Drug premises search
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4.2.4. Presenting the application b
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A Crime Manager we interviewed from
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applications. In this Act, an inves
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Chapter 5. The definition of drug p
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5.2. Recommendation That Parliament
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5.5.2. Section 11(2)(b): fortificat
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In our chapter on Cabramatta, we di
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The woman was found guilty of allow
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5.5.5. Means or devices for drug us
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Number of Premises Figure 7. Razor
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However, no other evidence of drug
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• magnum revolver and a 0.357 mag
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5.5.8. Section 11(2)(g): large amou
Page 73 and 74: The magistrate noted that there wer
Page 75 and 76: In relation to the money located on
Page 77 and 78: 5.7.6. Cars as drug premises As we
Page 79 and 80: … rather than being on the edge o
Page 81 and 82: Chapter 6. The Drug Premises Act -
Page 83 and 84: • the offence of being found on,
Page 85 and 86: With reverse onus, we didn’t have
Page 87 and 88: In the following section, we will d
Page 89 and 90: Officers from the State Crime Comma
Page 91 and 92: The second reading speech, which gi
Page 93 and 94: In the granny flat, police found ca
Page 95 and 96: Table 6. Pleas entered and court ou
Page 97 and 98: The magistrate said that he had a r
Page 99 and 100: 13. Allowing use of premises as dru
Page 101 and 102: The defendant says he was not there
Page 103 and 104: Figure 13: Ages of people charged w
Page 105 and 106: Table 12. Number of charges for var
Page 107 and 108: Chapter 7. Cabramatta 7.1. Introduc
Page 109 and 110: No. of Drug Premises Figure 14: Num
Page 111 and 112: Table 13. Information about drug pr
Page 113 and 114: It should be clear that this legisl
Page 115 and 116: The unit was in disarray, with spar
Page 117 and 118: 7.5. Level of drug supply the law i
Page 119 and 120: 7.5.3 Firearms, weapons and high le
Page 121 and 122: 7.6. Charges laid under the Drug Pr
Page 123: 7.6.4. Young Asian people and drug
Page 127 and 128: 7.8. Conclusion: Impact of the Drug
Page 129 and 130: By way of comment, the continuing a
Page 131 and 132: Chapter 8. Targeting drug supply Pa
Page 133 and 134: Table 18. Drug Misuse and Trafficki
Page 135 and 136: Low level drug suppliers are more l
Page 137 and 138: Other forms of organisation in evid
Page 139 and 140: Table 19. Drugs Located, State-wide
Page 141 and 142: Table 23. Drugs located, Northern R
Page 143 and 144: However, the submission concluded b
Page 145 and 146: To begin with, telephone intercepts
Page 147 and 148: The prohibited drugs that were loca
Page 149 and 150: One factor that appears to have per
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