Review of the Police Powers (Drug Premises) Act 2001 - NSW ...
Review of the Police Powers (Drug Premises) Act 2001 - NSW ...
Review of the Police Powers (Drug Premises) Act 2001 - NSW ...
You also want an ePaper? Increase the reach of your titles
YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.
8.5.11.2. Inner Metropolitan Region<br />
Quantities <strong>of</strong> money were located on 11 <strong>of</strong> <strong>the</strong> 16 identified drug premises in <strong>the</strong> Inner Metropolitan Region. The quantities <strong>of</strong> money<br />
found ranged from $80 to $5190. On six <strong>of</strong> <strong>the</strong>se 11 premises, <strong>the</strong> quantity <strong>of</strong> money found was roughly $1200.<br />
8.5.11.3. Western Region<br />
In one incident in <strong>the</strong> Western Region, $645 was located, and in ano<strong>the</strong>r, $1000 was located. According to event narratives and<br />
documents examined, no money was located on <strong>the</strong> remaining identified drug premises in this region.<br />
8.5.11.4. Nor<strong>the</strong>rn Region<br />
Money was located on 3 <strong>of</strong> <strong>the</strong> 8 identified drug premises in <strong>the</strong> Nor<strong>the</strong>rn Region, $15,780 on one premises, and $395 and $705 on two<br />
o<strong>the</strong>rs.<br />
8.5.11.5. Sou<strong>the</strong>rn Region<br />
<strong>Police</strong> note that <strong>the</strong>y found a total <strong>of</strong> $1,518.75 in several defendants on one identified drug premises in <strong>the</strong> Sou<strong>the</strong>rn Region. <strong>Police</strong> do<br />
not note any money finds in event narratives that relate to <strong>the</strong> o<strong>the</strong>r 11 identified drug premises in this region.<br />
8.6. State Crime Command use <strong>of</strong> <strong>the</strong> <strong>Drug</strong> <strong>Premises</strong> <strong>Act</strong><br />
In <strong>NSW</strong> <strong>Police</strong>, specialist drug law enforcement is <strong>the</strong> province <strong>of</strong> <strong>the</strong> State Crime Command <strong>Drug</strong> Squad. 779 While all operational police in<br />
<strong>NSW</strong> are responsible for drug law enforcement, 780 <strong>the</strong> <strong>Drug</strong> Squad is tasked to focus on <strong>the</strong> more complex and serious cases in this area<br />
<strong>of</strong> law enforcement.<br />
The <strong>Drug</strong> Squad was established in early September 2002 when <strong>the</strong> State Crime Command was formed. 781 The <strong>Drug</strong> Squad is<br />
responsible for providing strategic direction for <strong>NSW</strong> <strong>Police</strong> in response to illicit drug crime at all levels. 782 The <strong>Drug</strong> Squad also provides<br />
support and assistance in drug investigations that are conducted by LACs. 783<br />
In this section, we will examine <strong>the</strong> uses <strong>of</strong> <strong>the</strong> <strong>Act</strong> by <strong>the</strong> State Crime Command. We will discuss instances in which charges under <strong>the</strong><br />
<strong>Drug</strong> <strong>Premises</strong> <strong>Act</strong> were laid in investigations where <strong>the</strong> State Crime Command played a major role.<br />
8.6.1. Frequency <strong>of</strong> <strong>the</strong> use <strong>of</strong> <strong>the</strong> <strong>Drug</strong> <strong>Premises</strong> <strong>Act</strong> by State Crime Command<br />
State Crime Command laid charges under <strong>the</strong> <strong>Drug</strong> <strong>Premises</strong> <strong>Act</strong> in operations involving 17 drug premises over <strong>the</strong> review period. 784<br />
On one occasion, Special Crime and Internal Affairs (SCIA) also laid charges under <strong>the</strong> <strong>Drug</strong> <strong>Premises</strong> <strong>Act</strong> in connection with a drug<br />
investigation. In total, <strong>the</strong> <strong>Drug</strong> <strong>Premises</strong> <strong>Act</strong> was used on 18 occasions by agencies with a specialist law enforcement role. Most <strong>of</strong> <strong>the</strong>se<br />
18 uses <strong>of</strong> <strong>the</strong> <strong>Act</strong> involved <strong>the</strong> <strong>Drug</strong> Squad, or o<strong>the</strong>r units within <strong>the</strong> State Crime Command, like <strong>the</strong> South East Asian Crime Squad, that<br />
have a specialist drug law enforcement role.<br />
According to a submission to our discussion paper from <strong>the</strong> <strong>Drug</strong> Squad, <strong>the</strong> <strong>Drug</strong> <strong>Premises</strong> <strong>Act</strong> has “not played a significant role in <strong>Drug</strong><br />
Squad strategies targeting high level drug supply”. 785 The <strong>Drug</strong> Squad submission stated:<br />
The methodology employed by <strong>Drug</strong> Squad typically involves varying levels <strong>of</strong> covert electronic and physical surveillance targeting a<br />
range <strong>of</strong> manufacture, cultivation, distribution and supply locations. This legislation has not been used frequently due to <strong>the</strong> majority<br />
<strong>of</strong> our targets being involved in mid to upper level distribution. 786<br />
779 O<strong>the</strong>r squads in State Crime Command are also involved in drug law enforcement. The South East Asian Crime Squad, for example, investigates<br />
“major and organised” crime involving South East Asian communities, and <strong>the</strong>ir work may also involve investigating drug importation and<br />
distribution. <strong>Police</strong> Weekly Vol 14, No 45, 18 November 2002.<br />
780 Interview, Commander, <strong>Drug</strong> Squad, 30 September 2003.<br />
781<br />
This Command was formerly known as “Crime Agencies”. Prior to <strong>the</strong> formation <strong>of</strong> <strong>the</strong> <strong>Drug</strong> Squad, high level drug investigations were conducted<br />
by staff drawn from various units within Crime Agencies, such as <strong>the</strong> “South East Asian Crime Group”.<br />
782 State Crime Command, Marco Organisation Chart/Role and Function Statements (ABEF), 24 September 2002, p. 21.<br />
783 <strong>NSW</strong> <strong>Police</strong>, Standard Operating Procedures, Crime Agencies, August 1998.<br />
784 COPS database. One <strong>of</strong> <strong>the</strong>se operations was conducted in conjunction with <strong>the</strong> <strong>Police</strong> Integrity Commission.<br />
785 Submission, <strong>NSW</strong> <strong>Police</strong>, State Crime Command <strong>Drug</strong> Squad, 1 August 2003.<br />
786 Ibid.<br />
142<br />
<strong>NSW</strong> Ombudsman<br />
<strong>Review</strong> <strong>of</strong> <strong>the</strong> <strong>Police</strong> <strong>Powers</strong> (<strong>Drug</strong> <strong>Premises</strong>) <strong>Act</strong> <strong>2001</strong>