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

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Figure 11: Ages of people charged with being found on, entering or leaving drug premises-1st offence (n=211) Not known 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 53 56 57 58 64 65 69 70 0 5 10 15 20 Number of people charged Age As the graph above shows that the youngest person charged with being found on drug premises was 15, and the oldest was 58 years old. The ages of the nine people charged with a second offence of being found on, entering or leaving drug premises ranged from 16 to 49 years old. 517 The graph also indicates that a high proportion of people charged with this offence were in their 20s. 6.6.1. Gender Seventy-five per cent (75%) of the 211 people charged with a first offence of being found on drug premises were male, and twenty five per cent (25%) were female. 518 Of the nine people charged with a second offence of being found on drug premises, seven were male, and two were female. 6.6.2. Aboriginal and Torres Strait Islanders Nine per cent of those charged with a first offence of being found on, entering or leaving drug premises (19 people) were Aboriginal or Torres Strait Islanders. One of the nine people charged with a second offence of being found on drug premises, one was Aboriginal. 6.6.3. Pleas and court outcomes for people charged with being found on, entering or leaving drug premises The table below shows the type of plea entered by those people charged with being found on, entering or leaving drug premises. Source: NSW Police data extracted from the COPS database. 517 Their ages were 16, 21 (two people), 23, 27, 31, 34, 45 and 49 years old. 518 Of the 211 people charged with a first offence of being found on drug premises, 158 were male and 53 were female. 94 NSW Ombudsman Review of the Police Powers (Drug Premises) Act 2001
Table 6. Pleas entered and court outcomes for people charged with a first offence for being found on, entering or leaving drug premises Plea Guilty (n=82) Not Guilty (n=32) Plea not entered (n=66) Dismissed: no evidence offered 0 8 16 Dismissed: stood out of list 1 2 4 Dismissed: Non-appearance 0 0 1 Dismissed: after hearing 0 12 5 Dismissed: Mental Health 1 0 0 Adjourned to Adult Drug Court 1 0 0 Convicted ex parte (non- appearance) 3 5 33 Conviction proven 76 5 7 Data source: NSW Local Criminal Courts Statistics 1 July 2001- 30 June 2003, BOCSAR. 519 Seven people who were charged with a second offence of being found on, entering or leaving drug premises were convicted. 520 Three people pleaded guilty, three pleaded not guilty, and one person who failed to appear at court was convicted ex parte. 521 The table below shows the type of penalty received for those convicted of being found on, entering or leaving drug premises. Table 7. Being found on, entering or leaving drug premises (first offence), BOCSAR statistics, penalty type Penalty Type Occurrence Imprisonment (less than 3 months) 1 Imprisonment (3 –12 months) 16 Suspended sentence 3 Community Service Order 4 Bond with supervision (12 to 2 years or more) 8 Bond without supervision 13 Bond without conviction 1 Nominal sentence 1 Fine (less than $1000) 16 Fine ($1500 to $2250) 3 Total 66 522 Data source: NSW Local Criminal Courts Statistics 1 July 2001- 30 June 2003, BOCSAR. For a second offence of being found on, entering or leaving drug premises, three people received gaol terms of between three and 11 months. A further three people convicted of a second offence under this provision received a bond with supervision of between 12 months, and two years or more. 519 Please note that all other statistics in this report relating to persons charged under the Drug Premises Act are from data provided to us by NSW Police. 520 Court outcomes for the remaining two people charged with this offence were not provided. 521 NSW Local Criminal Courts Statistics 1 July 2001- 30 June 2003, NSW BOCSAR. 522 Information on penalty type was not available for people recorded as having been convicted of this offence. NSW Ombudsman Review of the Police Powers (Drug Premises) Act 2001 95
Page 1 and 2:
Review of the Police Powers (Drug P
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Contents Preface ..................
Page 5 and 6:
Chapter 11. Drug move-on powers in
Page 7 and 8:
Acknowledgements This report was re
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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
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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
Page 25 and 26:
Another data limitation is that COP
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Chapter 3. Legislative survey This
Page 29 and 30:
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.
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: In the granny flat, police found ca
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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