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

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In addition, as we discuss later in this chapter, police and health professionals have also observed that the nature of drug houses in Cabramatta has also changed. In the words of one health professional, drug houses now tend to look “more normal”. 683 This change in the nature of drug premises may thwart police attempts to mount operations against them. Moreover, if these premises merge more harmoniously with their surroundings, they may become more difficult for police to detect in the first place. 7.8.3. Are drug transactions conducted elsewhere One officer we spoke to believed that higher level drug transactions may now be less likely to be conducted in Cabramatta due to the intensity of the police focus on drug law enforcement, but that they may be taking place in other areas: But the business itself of the transactions, are not conducted here, they are conducted elsewhere, because of the high visibility policing that is conducted in Cabramatta, and they know, that the likelihood of driving up [street name] Cabramatta, and police know you, you’re going to get turned over, because you’re a drug dealer. 684 In our examination of the uses of the Drug Premises Act by the State Crime Command, it was evident that police were investigating high level drug supply from drug premises in suburbs neighbouring Cabramatta. Further, according to police, the occupants of these premises in neighbouring suburbs were supplying drugs to people in Cabramatta. In a police document that related to a use of the legislation on a premises in a suburb neighbouring Cabramatta, that was occupied by people suspected of involvement in heroin importation, it was stated that the operation had been formed to “investigate middle to upper level (drug) heroin suppliers in the Cabramatta area”. 685 However, whether these dealers had been displaced from Cabramatta is not known. Police in Cabramatta believed that the displacement that had occurred recently was different to previous changes in the drug trade that they had observed. They said that “the displacement with drug houses was only a few streets, now they are broadening their scope” and moving beyond Cabramatta itself. 686 When asked what evidence indicated that this displacement had occurred, this officer said that these other LACs were now running controlled operations to target drug dealing. He also said that the “increase in drug detection in the area [the two neighbouring suburbs] is dramatic”, and that there had been “increased drug users attending” these suburbs. Another officer said, “I shop in [neighbouring suburb] and I see the dealers that were here, over there”. 687 These officers also provided examples of particular drug offenders they had charged in Cabramatta who had started dealing in neighbouring suburbs. One detective mentioned two people who had been charged during Operation Hammer which targets street dealing in Cabramatta: They got charged in Hammer, they got bail, so they were working on the streets, just doing street deals here, they were living in [neighbouring suburb] and actually just got a car, and started dealing in [same suburb] in the car, and they got done for supply there, whilst they were on bail over here. 688 7.8.4. Dealers no longer operating from premises There is some evidence that some dealers are now choosing not to operate from fixed locations such as a drug premises. 689 Instead, dealers are setting up meetings with drug purchasers, sometimes using mobile phones, on street corners, parks and other places that are not known for drug supply. Because these locations constantly change, it is less likely that the dealing will attract the attention of police. According to a local health professional we interviewed, dealers also sometimes use runners who they send out from the premises to conduct transactions: Now a drug user would have a mobile number, people don’t go to the door, they have runners and you will meet that person on a street corner. 690 Another apparent shift in the illicit drug trade is the increased use of cars to facilitate meetings between dealers and users. In a response to our discussion paper, though not referring specifically to Cabramatta, a senior judge at the Drug Court in Parramatta identified this characteristic of the illicit drug trade: 683 Interview, Health Worker, 15 September 2003. 684 Focus group, Cabramatta police, 2 July 2003. 685 Situation Report, State Crime Command, Drug Premises Incident 6. 686 Focus group, Cabramatta police, 2 July 2003. 687 Ibid. 688 Focus group, Cabramatta police, 2 July 2003. 689 Interview, Health Worker, 15 September 2003. 690 Interview with health professional who works with drug users in Cabramatta. 128 NSW Ombudsman Review of the Police Powers (Drug Premises) Act 2001
By way of comment, the continuing availability of drugs is highlighted by the extent of drug use and drug related offending that is canvassed in this Court. It is very noticeable that much of the drug dealing of which I am informed involves mobile phones being used to seek the drug and supply by dealers arriving in motor vehicles. I do not know if this suggests that there is a relationship between this method of supply and the effect of the legislation on static drug premises. 691 Police in Cabramatta have also recently commented that the increased use of mobile phones has created additional difficulties not only in tracking a mobile drug offender, but also in obtaining evidence of their activities. 692 Phone contact between drug purchasers and sellers to organise transactions has long been a part of the illicit drug trade, and tracking and recording phone conversations has been an important evidentiary tool for police in drug investigations. A Crime Manager from Cabramatta recently commented that practices such as the use of multiple mobile phones and of pre-paid cards is making it increasingly difficult for police to track and verify the identity of drug suppliers. 693 7.8.5. Views on the impact of the legislation in Cabramatta Police believe that drug premises are now less prevalent in Cabramatta. One Cabramatta detective said that drug premises had been rampant in Cabramatta, but now, “while there are still obviously drug premises operating, it is not to the same degree”. 694 Another officer noted that the illicit drug trade in the area had certainly slowed down dramatically, but that this may be due to a combination of factors, including the heroin drought. 695 In the second year of the review period, the frequency of the use of the Act in Cabramatta decreased by almost 50%. In the first year, from 1 July 2001 to 30 June 2002, the Drug Premises Act was used in Cabramatta on 24 occasions, and in the second year of the review period, the legislation was used in relation to 13 drug premises in the area. 696 According to police, the fortified non-domestic drug premises that were referred to in the legislation were quickly eradicated under the Act. Our research findings show that police used the Act on eight non-domestic drug premises in the first year, and none in the second year. Police have attributed the rapid reduction in the prevalence of this type of drug premises to the fact that drug market participants soon became aware that they could be charged with the new offences under the Act: It was a bit of a shock to them that they could actually be charged with something, because they were so used to us walking in and taking doors. So very, very quickly did the drug premises, in that form I was describing, with the heavy fortified door, coupled with the fact that we identified where they were making the drug premises … the doors ... so they went out of business. 697 Police in Cabramatta reported to Workcover a local business that was unwittingly supplying steel doors custom made for drug premises. The business was subsequently shut down for occupational health and safety reasons. 698 In a submission to our discussion paper from a senior police officer, we were informed that the “legislation has proved very effective in the policing of drug premises operating within the Cabramatta LAC”. 699 This officer expressed concern that any amendment to the Act would “almost certainly bring about the resurgence of drug premises in and around the Cabramatta area and the associated crime and social problems”. 700 Community leaders and health professionals we spoke to also said that the numbers of fortified drug premises in Cabramatta had diminished. One health professional said that all the obvious drug houses, they all got closed down and that the houses where dealing is currently taking place are “more normal”. 701 In this person’s opinion, it was now much more difficult to purchase drugs in Cabramatta, and they imagined that for “someone new to the area now, you wouldn’t be surprised if it took them a while to get on”. 702 Another health professional we consulted believed the Act had a major impact, in combination with the Anti Drugs Strategy, “to crush the drug trade” in Cabramatta. 703 However, as we discuss in the chapter, “Drug Move-ons in Cabramatta”, these health professionals also believed that the apparent successes in the policing of the drug trade in Cabramatta had come at a cost to public health. 691 Letter in response to Discussion Paper, Senior Judge, Drug Court, Parramatta, 17 July 2003. 692 Personal communication, Senior Officer, Cabramatta LAC, 17 October 2003. 693 Ibid. 694 Focus group, Cabramatta police, 2 July 2003. 695 Ibid. 696 COPS event narratives, Cabramatta LAC. 697 Interview, former crime manager, Cabramatta LAC, 21 August 2003. 698 Ibid. 699 Submission, Senior officer, Cabramatta LAC, 11 August 2003. 700 Ibid. 701 Interview, Health Worker, 15 September 2003. 702 Ibid. 703 Interview, Health professional, 24 July 2003. NSW Ombudsman Review of the Police Powers (Drug Premises) Act 2001 129
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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
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The magistrate noted that there wer
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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 and 124: 7.6.4. Young Asian people and drug
Page 125 and 126: Of these 52 people, 31 people pled
Page 127: 7.8. Conclusion: Impact of the Drug
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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