Redfern Legal Centre (RLC) supports the call by NSW Police Commissioner, Mick Fuller, that strip searches be used for possession of a weapon, but is calling for such searches to be limited to serious criminal offences.
Today in The Daily Telegraph, the NSW Police Commissioner has called on the public to support his officers in carrying out strip searches, particularly to curb potential offences with knives.
RLC’s police powers solicitor Samantha Lee said “It was always parliament’s intent that strip searches be used in ‘serious and ‘urgent’ circumstances, such as weapons offences.”
“This is precisely what RLC is calling for, that strip searches be limited to “serious” offences such as weapon offences and drug supply.”
However, as a report commissioned by RLC and prepared by UNSW Law academics Dr Michael Grewcock and Dr Vicki Sentas, ‘Rethinking Strip Searches by NSW Police’ found, knife offences accounted for less than 1.5 % of charges and in the majority of strip searches (almost 70%) nothing illegal was found. The report findings include:
- Only 30% of strip searches in the field in the 2017/18 financial year resulted in a criminal charge.
- Less than 1.5% of all charges arising from strip searches result in charges of possession/use of an unauthorised weapon (financial years 2016-2017 to 2018-2019) and less than 16.5% result in charges of drug supply.
- Almost 82% of all charges are for minor drug possession of a prohibited drug.
Recent data obtained by RLC via freedom of information laws show that over a three-year period, there were 3,919 females strip searched. Two-thirds of these strip searches (2,569) found nothing – 66 percent on average - and of the total number of strip searches, school age children (12 to 17 years) accounted for 3% of searches (122).
“A high number of strip searches find nothing illegal, which places serious doubt on whether many of these searches are necessary and justified,” Ms Lee said.
“A recent public hearing conducted by the Law Enforcement Conduct Commission, revealed police are struggling to understand strip search law and officers are conducting unlawful strip searches.”
Ms Lee further states, “Law reform is urgently needed to protect police from performing unlawful strip searches and to ensure that children are not subjected to these harmful and invasive procedures.”
“The last thing we want for young people is that they feel too scared of police to ask for help. If anything, we want young people to feel safe enough to ask for help even from a police officer."
Click here for copy of ‘Rethinking Strip Searches by NSW Police’ report
For further information contact: Samantha Lee, Lawyer, Police Accountability Practice, RLC: 0418491459 or finn@rlc.org.au
18 November 2019 | FOR IMMEDIATE RELEASE
Redfern Legal Centre backs call to use strip searches for knife offences
This summer, whether you are attending a music festival or a protest in NSW, you may want to know about your legal rights and police powers.
Come and join us for a free panel discussion about police powers:
- strip searches
- stop, search and detain powers
- sniffer dogs
- demanding ID
- the use of Body-Worn Video
Details
Date: Tuesday 26 November
Time: 7-8pm
Redfern Legal Centre has obtained access to the current NSW Police, Drug Detection Dogs, Standard Operating Procedure (SOPs). Redfern Legal Centre obtained the SOPs via the NSW Civil and Administrative Tribunal.
NSW Police initially denied full access to the documents on law enforcement grounds. The decision not to release in full was appealed by Redfern Legal Centre and the SOPs were released in full by NSW police, with the exception of one paragraph, just days before the case was to be heard by the NSW Civil and Administrative Tribunal.
Key procedures outlined in the Drug Detection Dog SOPs include:
- DDD alone does not constitute ‘reasonable grounds’ to conduct a search upon an individual.
- Indication given by a DDD does not on its own provide police with the power to search, nor does it suffice for an officer to ‘suspect’ on reasonable grounds possession of a prohibited drug.
- Police must be provided with a briefing about the possibilities of indications upon persons who have recently been in possession of, or had contact with, prohibited drugs.
- Warrant for use of DDD does not give police the power to place a DDD inside a private motor vehicles in a public place. The area within a motor vehicle is not a public place.
- A person should be cautioned prior to any questions being asked and upon initial interaction with DDD.
- When searching, police are reminded to make all attempts to ensure the person’s privacy is maintained.
- Where nothing is found, the person is not obliged to provide their personal details and police have no general power to detain a person.
- If nothing found, police should immediately inform the person they are free to leave.
- Overcrowding of licensed premises can limit the effectiveness of a drug dog, patrons may be highly affected by drugs/alcohol or drugs may have already been consumed leading to minimal indications.
Samantha Lee, head of Police Accountability practice at Redfern Legal Centre claims the release of the SOPs is a public interest win, providing greater transparency of policing practice in NSW.
Ms Lee states, “Drug dogs are being used at various public places including train stations and music festivals. The public can now be better informed about the procedures police are required to follow when drug dog operations are utilised.”
“Recently the LECC heard the case of a 16 year old girl that, while waiting in line at the 2018 Splendour in the Grass music festival, was taken from a sniffer dog indication to a full body strip search where she was asked to squat and remove her panty liner.”
“Yet we now know the NSW Police, Drug Detection Dogs Standard Operating Procedure clearly states an indication by a sniffer dog is not reasonable grounds to conduct a general search, let alone a strip search.”
“Redfern Legal Centre had lodged a number of complaints for clients who were taken from a drug dog indication to a full body strip search. Such searches may have been unlawful and completely unnecessary.”
“The NSW Deputy State Coroner has found that drug dogs and strips searches may be causing significant harm to young people and the use of such invasive procedures needs to be limited.”
For further information, contact Samantha Lee, RLC Head of Police Accountability: 0418 491 459 | sam@rlc.org.au
11 November 2019 | FOR IMMEDIATE RELEASE
NSW Police Release Sniffer Dog Procedures
