Australian Associated Press
A University of NSW and Redfern Legal Centre report last week found the number of field strip searches in the state jumped to 5483 in 2017/18, compared with 277 between December 2005 and November 2006.
Under questioning from Greens MLC David Shoebridge, NSW Police Commissioner Mick Fuller on Thursday told a NSW budget estimates hearing the study had got its numbers wrong and placed in them in a false context.
He attributed the increase over time to “codification changes” under the Law Enforcement (Powers and Responsibilities) Act.
However, Redfern Legal Centre on Friday rebuffed those comments, saying Mr Fuller had failed to grasp the central issue – that police were incorrectly applying the law when deciding to conduct strip searches.
Officers can only conduct a strip search in the field if they suspect it is necessary and that the seriousness and urgency of the circumstances make it necessary.
However, according to the report more than 90 pe cent of strip searches are carried out based on police suspicion of drug possession.
“Under the law, possession of a prohibited drug is a minor criminal offence and would not meet the test of ‘serious’ and ‘urgent’ as required by law in order to satisfy that a strip search is necessary,” Redfern Legal Centre police accountability lawyer Samantha Lee said in a statement.
Dr Vicki Sentas, co-author of the report also defended the figures, saying they were sourced from the 2007 Ombudsman’s Report.
“This is a deflection from the real issue – our report clearly shows that the law is failing to guide police on the appropriate use of strip searches,” Dr Sentas said.
Read the full article here (Yahoo news, 31 August 2019)
