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

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Preface The Police Powers (Drug Premises) Act 2001 (the Drug Premises Act) commenced on 1 July 2001. The Act confers new powers on police in relation to drug premises. It also amends the Summary Offences Act 1988 (the Summary Offences Act) by extending police powers to issue ‘reasonable directions’ to persons suspected of buying or selling prohibited drugs. Section 21 of the Act required that the NSW Ombudsman review the operation of the legislation for two years from the date of commencement, and to report to the Minister of Police at the conclusion of that period. The main body of this report is divided into three parts. The first part is a background, and provides some introductory information about NSW Police, a description of our methodology and outlines relevant legislation. The second part discusses the provisions of the Act which relate to the drug premises. The third part discusses the provisions of the Act which relate to reasonable directions or “move-ons”. Where appropriate, recommendations have been made following the relevant discussion throughout each chapter. A summary of recommendations is presented at the beginning of the report. 6 NSW Ombudsman Review of the Police Powers (Drug Premises) Act 2001
Acknowledgements This report was researched and written by Katie Hall with assistance from the following people of the NSW Ombudsman’s Office: • Steve Kinmond • Simon Cohen • Kim Swan • Emma Koorey • Michelle Chung • Seranie Gamble • Gabrielle McNamara and • David Snell. We would like to thank NSW Police, NSW Health and the Attorney General’s Department for providing information and assistance in this review. We also acknowledge the many organisations and individuals who made contributing submissions to our review. See Appendix E for a full list of submissions. NSW Ombudsman Review of the Police Powers (Drug Premises) Act 2001 7
Page 1 and 2: Review of the Police Powers (Drug P
Page 3 and 4: Contents Preface ..................
Page 5: Chapter 11. Drug move-on powers in
Page 9 and 10: Part One. Background. Chapter 1. In
Page 11 and 12: Drug offences, unlike for example,
Page 13 and 14: elieve is in a public place with th
Page 15 and 16: Chapter 2. Methodology In this chap
Page 17 and 18: 2.3.5. Health data NSP distribution
Page 19 and 20: As the table indicates, more than o
Page 21 and 22: 2.4.7. Complaints The NSW Ombudsman
Page 23 and 24: NSW Police advised us that calculat
Page 25 and 26: Another data limitation is that COP
Page 27 and 28: Chapter 3. Legislative survey This
Page 29 and 30: Once police have entered the suspec
Page 31 and 32: The table below sets out the penalt
Page 33 and 34: (c) that the nature and extent of t
Page 35 and 36: The Act contains four additional in
Page 37 and 38: A fortification removal notice is r
Page 39 and 40: For example, section 39(3) of the Q
Page 41 and 42: Part Two. Drug premises Chapter 4.
Page 43 and 44: In the police training manual on th
Page 45 and 46: Case study 2. Drug premises search
Page 47 and 48: 4.2.4. Presenting the application b
Page 49 and 50: A Crime Manager we interviewed from
Page 51 and 52: applications. In this Act, an inves
Page 53 and 54: Chapter 5. The definition of drug p
Page 55 and 56: 5.2. Recommendation That Parliament
Page 57 and 58:
5.5.2. Section 11(2)(b): fortificat
Page 59 and 60:
In our chapter on Cabramatta, we di
Page 61 and 62:
The woman was found guilty of allow
Page 63 and 64:
5.5.5. Means or devices for drug us
Page 65 and 66:
Number of Premises Figure 7. Razor
Page 67 and 68:
However, no other evidence of drug
Page 69 and 70:
• magnum revolver and a 0.357 mag
Page 71 and 72:
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 and 124:
7.6.4. Young Asian people and drug
Page 125 and 126:
Of these 52 people, 31 people pled
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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