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Review of Victoria Police use of ‘stop and search’ powers
Ordered to be printedVictorian Government Printer
May 2012Session 2010-12
P.P. No. 128
3
To
The Honourable the President of the Legislative Council
And
The Honourable the Speaker of the Legislative Assembly
This report is presented to Parliament in accordance with section 28(2) of the Police Integrity Act 2008.
Control of Weapons Act 1990 in 2009.
ACTING DIRECTOR, POLICE INTEGRITY
4
Contents
Letter of transmittal 3
Executive summary 6
Key recommendations 8
Background 9
Context 9
Natural justice 10
Development of police powers to search 11
Power to search someone under arrest 11
‘Stop and search’ powers without arrest 12
Weapon control in Australia 12
From ‘reasonable belief’ to ‘reasonable suspicion’ 13
The Terrorism Acts 14
Control of Weapons and Firearms Acts (Search Powers) Act 2003 (Vic) 14
Cronulla riots and ‘lock down’ powers in Australia 15
Melbourne 2007–2009 16
Current Victorian legislative framework 18
Charter of Human Rights and Responsibilities Act 2006 18
Summary Offences and Control of Weapons Acts Amendment Act 2009 18
Authority to search anyone in an area 19
Control of Weapons Amendment Act 2010 20
Control of Weapons and Firearms Act Amendment Act 2012 21
Use of powers 22
Context 22
5
Searching individuals without a warrant 24
Duty to make record 24
How reasonable suspicion searches are recorded 24
Searches in designated areas 26
Role of the Transit Safety Division 26
Duty to make record 28
Review findings 29
Arbitrary use of powers 29
Complaints made to Victoria Police 30
Complaints made to OPI 32
Community research 33
Community perceptions 35
Deterrence 40
That’s not a knife, this is a knife 42
Armed robbery data 44
National comparators 47
Conclusion 48
Appendix One: Definitions of Victoria Police complaint determinations 50
Appendix Two: Field Contact – search without warrant report 51
Appendix Three: Victoria Police search without warrant reporting 54
Appendix Four: Victoria Police Operation Omni Statistics 56
Appendix Five: Response by Chief Commissioner Lay 58
6
Executive summary
(OPI) into Victoria Police use of ‘stop and search’ powers. The review followed the (the 2009 Act), which
amended both the and the Control of Weapons Act 1990.
The intended purpose of the 2009 Act was to tackle violence and public disorder. It created new powers for police to direct people to move on from a particular area and
disorderly conduct in a public place. Further
a person without a warrant to enable police to search a person on reasonable suspicion
with the control of weapons.
powers have been amended several times to enable police to also respond to terrorism.
Victorian Charter of Human Rights and Responsibility Act 2008.1
similar powers by police had exposed risks associated with:
OPI’s review evaluated Victoria Police’s use of ‘stop and search’ powers in the context of these concerns.
1 Hansard, Summary offences and Control of Weapons Bill 4018–4024
7
and accountability associated with the use of these powers. Victoria Police is not able
retrieval mechanisms. In order to increase compliance, Victoria Police should simplify 2
and search’ powers were introduced to reduce violent or weapon-related crime by
Assaults with a weapon represent 10 per cent of all reported assaults in Victoria.
best indicator of the impact of ‘stop and search’ operations. An analysis of Victoria
of weapon used in armed robberies.3
police exercise of ‘stop and search’ powers is proportionate. ‘Stop and search’ is an intrusive form of surveillance. It should be exercised in proportion to a perceived risk.
crime one in which:
intelligence
a propensity to carry weapons. The review has concluded more public debate is warranted to determine whether this approach is appropriate.
2 See Appendix Two
8
Key recommendations
That Victoria Police:
– the response is informed by intelligence and only intrudes upon the privacy,
9
Context
Charter of Human Rights and Responsibilities Act 2006.4
In December 2010 OPI embarked on a review of Victoria Police use of ‘stop and search’
raised by opponents of the had been realised. Thematic concerns articulated in submissions to the Victorian Parliament’s
OPI’s review evaluated Victoria Police’s use of ‘stop and search’ powers in the context of these themes.
In the course of this review, OPI:
without just cause’ (2006–2010).
Amendment Bill 2009.
4 Police Integrity Act 2008 s8
10
Hansard transcripts.
The review was also informed by examination of:
Natural justice
included in its entirety in Appendix Five.
11
Development of police powers to search
Power to search someone under arrestIn Victoria police have always had the common law power to search an arrested person if they think a search is needed to:
– hurt themselves or others
– escape from custody.
5 The type of search conducted should be as un-intrusive as possible under the circumstances.
There are four types of searches:
external ‘pat-down’.
examined.
police think these items could be used as evidence or to hurt someone. Where practical
arrest and in the presence of another member of police.6
custody.
5 Victoria Police (December 2011) ‘Searches of Persons’ Victoria Police Manual – Procedures and guidelines’ Victoria Police (December 2011) ‘Searches of Persons’ Victoria Police Manual – Policy rules’
12
‘Stop and search’ powers without arrestPolice powers to ‘stop and search’ a person not under arrest, in order to prevent crime,
power to search anyone who looked ‘suspicious’. 7 Known as the ‘sus law’, police had the common law authority to stop, search and arrest a person if they suspected the person
In early 1980 police use of the sus law
8
injured. The sus law was eventually abolished in 1984. New laws were introduced which
and search the person.9
In 1994, the Criminal Justice and Public Order Act 1994 (UK) expanded the police powers
and, for a maximum period of 30 hours, stop and search anyone in the area without suspicion.10
Weapon control in AustraliaIn Australia, weapon control has traditionally been the responsibility of States and
weapons would reduce violent or weapon-related crime.11 New South Wales followed suit in 1998.12
7 Vagrancy Act 1824 (UK)The Brixton Disorders, 10–12th April (1981), London: HMSO; Macpherson,W.
(1999), The Stephen Lawrence Inquiry, London: Home Office9 Police and Criminal Evidence Act 1984 (UK)10 Criminal Justice and Public Order Act 1994 (UK) s6011 Control of Weapons Act 1990 (Vic), Weapons Act 1990 12 Weapons Prohibition Act 1998 (NSW)
13
In Victoria, the Control of Weapons Act 1990 to search a person when they reasonably believed
13
schedule of weapons that would be subject to importation and possession controls enforced by Customs.14, 15
From ‘reasonable belief ’ to ‘reasonable suspicion’Police Powers and Responsibilities Act
2000 reasonably
suspected
Law Enforcement (Powers and Responsibilities) Act 2002
had reasonable suspicion
16 The concept of location as 17
13 Knives were later defined as regulated weapons under the Control of Weapons (Amendment) Act (No. 30) 199414 The Australasian Police Ministers’ Council is now known as the Ministerial Council for Police and Emergency
Management – Police15
weapons and penalties associated with their possession or importation. See Customs (Prohibited Imports) Amendment Regulations 2011 (No.4)
16 Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) s26(3)17 Criminal Justice and Public Order Act 1994 (UK) s60
14
The Terrorism Acts
laws introduced as temporary measures in response to terrorism linked to Northern Ireland. The Terrorism Act 2000
without reasonable suspicion in an area chosen by police.
to combat terrorism.18
Control of Weapons and Firearms Acts (Search Powers) Act 2003 (Vic)
19
media.
without a warrant was lowered from reasonable belief to reasonable suspicion. In support of
20 The Bill was passed Control of Weapons and Firearms Acts (Search Powers) Act 2003 (the 2003 Act).
reasonable grounds to suspect 21 As was the case in New South Wales, the Victorian 2003 Act allowed police to consider the person’s location,
police to make a record of any search without a warrant immediately, or as soon as
to report annually to the Minister on the number of searches without a warrant undertaken each year.
18 Terrorism (Police Powers) Act 2002 (NSW) s17, Terrorism (Community Protection) Act 2003 (Vic) s21 19 The Age, 3 February 200520 Hansard, Control of Weapons and Firearms Acts
(Search Powers) Bill pp204–20621 Control of Weapons Act 1990 s10(1)(a)
15
in police use of these powers.
Cronulla riots and ‘lock down’ powers in Australia
reforms, New South Wales Police were authorised to ‘lock down’ a particular area and ‘stop and search’ anyone in that area whether or not they had any suspicion.22
Summary
Knife amnesties and buy-back programs
more than 90,000 weapons.
23
basketball, football and movie tickets.24
25 In
in conjunction with other prevention initiatives.26
22 Compare Part VI Law Enforcement (Powers and Responsibilities) Act 2004 (NSW) to Criminal Justice and Public Order Act 1994 (UK)
23 Security Victoria, Media24 The Age, 25 Metropolitan Police knife amnesty review, November 200626 Amnesties fail to reduce knife crime, report says. The Guardian, 7 December 2006
16
27
Melbourne 2007–2009
28
seriously wounded two others. Later that year, a 26 year old Shepparton man was killed with a samurai sword.29
Stabbings at weekend parties become regular occurrences. Teen gangs have taken to arming themselves with meat cleavers, daggers, samurai swords and hunting knives.30
Then Police Minister Bob Cameron and Victoria Police Deputy Commissioner Kieran
31
Minister Cameron said:
the community and this amnesty provides people with a chance to dispose of them without any repercussions.32
33
27 Media Release. 16 April28 ABC News.
29 Herald Sun, 12 December 200730 See Docherty, N ‘Melbourne’s knife attack scum’ and Houlihan, L ‘Victoria experiences new knife crime
every three hours’ Herald Sun, 4 November 200731 Victoria Police (2008) ‘Last week for weapons amnesty’, Media Release. 27 October 32 Call for Arms: Weapons Amnesty Month. 6 October 200833 Rennie, R ‘Amnesty nets anti-tank rifle’, The Age, 19 November 2008
17
34
35, 36 In response to the reported escalation in knife-related assaults and perceived community concern, the Amendment Bill was introduced into Parliament in November 2009.
34 The Daily Telegraph. 23 December. One year later, the New South Wales Government also increased the penalty for
Law Enforcement (Powers and Responsibilities) Act 2002 (NSW)
3536 Herald Sun, 29 May 2009
18
framework
Charter of Human Rights and Responsibilities Act 2006The Charter of Human Rights and Responsibilities Act 2006
by the Charter.37
inconsistent with the Charter in exceptional circumstances.38
Act 2009The 2009 (the 2009 Bill)
39
…grave intrusion of fundamental human rights to dignity and privacy that are protected by the Victorian Charter of Human Rights and Responsibilities.40
Summary the then Minister for Police and
Bill were incompatible with the Charter. He said:
I consider that the majority of the Bill is compatible with the Charter because, to the extent that some provisions may limit human rights, those limitations are reasonable
37 Charter of Human Rights and Responsibilities Act 2006, section 2838 Charter of Human Rights and Responsibilities Act 2006, section 31(4)3940 The Drum – Opinion, 18 November 2009
19
that the Bill is incompatible with the Charter to the extent that it limits rights under sections 13(a) and 17(2) in providing powers for police to randomly search persons (including children) and vehicles in public places within designated areas, even if the police have not formed a reasonable suspicion that the person or vehicle is carrying a weapon. The government intends to proceed with the legislation in its
41
I have considered the human rights engaged by the Bill in detail in my statement of compatibility and reiterate that the government is extremely concerned that the carriage and use of weapons, particularly by children, should be deterred and prevented to the greatest extent possible. Therefore, although the Bill is partially incompatible with the Charter, the government is of the view that it is necessary and appropriate to provide police with these powers to address the community’s
42
The majority of the debate in both houses of Parliament that followed the second
43
Authority to search anyone in an area
The 2009 Act provides the Chief Commissioner with the power to nominate an area where police can search people for weapons without a warrant and without any reasonable suspicion or belief. These search areas are known as designated areas, searches can be planned or unplanned.44
same area in the 12 months before, or
41 Hansard, 12 November 2009. Assembly Statement of Compatibility Control of Weapons and Firearms Acts (Search Powers) Bill p4024
42 Hansard, Control of Weapons and Firearms Acts (Search Powers) Bill p4027
43 Hansard, 10 December 2009. Council pp6192–620244 Control of Weapons Act 1990 ss10 C-10 I
20
to include a map and an explanation of the special powers police have in that area.
violence or disorder.
The Chief Commissioner also has to make a declaration that includes the location of
deter weapon use or respond to a threat of violence, but can not exceed 12 hours.
45
Control of Weapons Amendment Act 2010
the Control of Weapons Act 1990
46 He called for police to conduct random sweeps on weapons.
45 See Control of Weapons Act 1990 Schedule 146 The Age, 2 April 2010
21
A key feature of the Control of Weapons Amendment Act 2010 (the 2010 Act) is the
for a child to buy a prohibited or controlled weapon. As such the Charter Statement
for Police, Minister Cameron said:
47
Other provisions in the 2010 Act relaxed the criteria the Chief Commissioner must rely
strip searches
To balance the relaxation of some of the provisions introduced in 2009, the 2010 Act
under the Act from Inspector to Assistant Commissioner or above.
Control of Weapons and Firearms Act Amendment Act 2012The most recent amendments to weapons control were proposed to the Victorian
Control of Weapons and Firearms Act Amendment Bill 2011.
47 Hansard, 27 May 2010. Assembly Statement of Compatibility Control of Weapons Amendment Bill 1998
22
Use of powers
ContextControl of Weapons Act 1990 were considered
48
police powers.
Human rights obligations
The Control of Weapons Act 1990
search notice that sets out details of the
Further information must be provided to individuals searched because they are
person’s possessions or ‘pat-down’ or strip search.49
and, if so, why this is necessary
privacy to the person
50
48 Charter of Human Rights and Responsibilities Act 2006 s3849 Control of Weapons Act 1990 Schedule 150 Control of Weapons Act 1990 Schedule 1 ss3–10
23
51
Intelligence-led policing
52
from formal interview, observation or discussion with members of the community
controversial.53
Intelligence-led policing is a business model and managerial philosophy where data analysis and crime intelligence are pivotal to an objective, decision-making framework that facilitates crime and problem reduction, disruption and prevention
54
available information to:
55
51 Control of Weapons Act 1990 Schedule 1 s11 and s125253 Disproportionate and Discriminatory: Reviewing the Evidence on Police Stop
and Search, 54 Knowledge management challenges in the development of intelligence-led policing’, in
T. Williamson, (ed.), The Handbook of Knowledge-Based Policing: Current Conceptions and Future Directions.
55 Trends and issues in crime and criminal justice, no. 248. Australian
24
Since 2003, police in Victoria have been empowered to search a person, without a warrant, if the person is in a public place and police have reasonable grounds to suspect
police can consider the person’s location.56
Duty to make record
Financial Management Act 1994. Amendments in 2010 relaxed
How reasonable suspicion searches are recorded
Police record the details of reasonable suspicion searches on a form called a Field Contact – search without warrant or L19C form (see Appendix Two). The report of the search details:
Control of Weapons Regulations 2000. descriptions of the person’s appearance.
Once a member of police completes the report, he or she is instructed to hand the
56 Control of Weapons Act 1990 s10
25
the Minister, or more recently in its Annual Report.
reports to the Minister and is discussed in more detail under Reporting Requirements.
Figure 1: Total reported searches without warrant by Region (2003–2011)
27
51 51
17
4156
69
25
313
159 153
5542
162141
188
3822
45
81
10
141
5671
11
3426 22 20
49 4637
0
50
100
150
200
250
300
350
2003/04 2004/05 2005/06 2006/07 2007/08 2008/09 2009/10 2010/11
East
North
South
West
Source: Victoria Police
26
Role of the Transit Safety Division
Typically the Assistant Commissioner, Operations Support Department, declares the
Planned designated area searches (Operation Omni)
Operation Omni, conducted a total of 18 major ‘stop and search’ operations in
locations:
Operation Omni searches.
Police extended open invitations to the media, OPI and community representatives
57
57 The Age, 16 May 2010
27
were pleased to see proactive policing safe.58
(t)he guy that had the machete also had his tent and swag in his backpack and obviously had been bush camping… Those are the types of things that aren’t coming
59
I was one of almost 30 independent observers at Footscray train station on Thursday when police used their new ‘stop and search’ powers. We saw 70 of the 180 searches and noted that most of those targeted by these supposedly ‘random’ powers were
that these powers will be used in a similar way to many other parts of the world.60
OPI observers present at the same Omni operation did not observe any disproportionate
Unplanned designated area searches
publication of a public notice, everyone who is searched under an unplanned search must receive a search notice that states a declaration is in force in relation to the area.61
people intend to carry weapons at a particular time and place.
58 Sydney Morning Herald, 16 May 2010
html59 The Age,
60 Why am I not Surprised,
61 Control of Weapons Act 1990 s10(I)(1e)
28
Duty to make record
search is a strip search. Where a strip search is conducted, police must make a record
searches are recorded on the same form completed for ‘reasonable suspicion’ searches (see Appendix Two).
Records of designated area searches
information from major search operations. The details recorded include:
summons
Children (over 12)
weapons found
No records are made of the ‘perceived ethnicity’ of a searched person. Operation
29
This review evaluated Victoria Police’s use of ‘stop and search’ powers since 2010 in the context of key concerns expressed to the Victorian Parliament’s Scrutiny of Acts
Arbitrary use of powers
would be extremely resource intensive and beyond the scope of this review.
Complaint data is one indicator about whether police use these powers appropriately.
to ‘stop and search’ are reluctant to complain about police or do not feel listened to when they do.62
Sunshine and Werribee. Youth representatives in these areas reported that youth felt
Without formal or informal complaints that enable an analysis of all the circumstances,
youth in contact with police needs to be undertaken to test whether reported incidents
62 Reside, S and Smith, B. (2010) ‘Boys, you wanna give me some action?’ Interventions into Policing of Racialised Communities in Melbourne’
30
Complaints made to Victoria Police
Figure 2: Total number of complaints made to Victoria Police regarding ‘search and seizure without just cause’ (2006–2010)
18
4
18
13
5
0
5
10
15
20
2006 2007 2008 2009 2010
Source: Register of Complaints and Serious Incidents Database provided by Victoria Police to OPI
Appendix One.
Figure 3: Outcome of complaints made to Victoria Police (2006 –2010)
No complaint 21%
Unfounded 24%
Not substantiated 19%
Withdrawn 4%
Not proceeded with 3%
Substantiated 5%
Resolved 12%
Not resolved 9%
searches without a warrant or arrest.
31
Figure 4: Number of complaints made to Victoria Police regarding search and seizure –without just cause – without warrant or arrest (2006–2010)
8
2
6
5 5
0
1
2
3
4
5
6
7
8
9
2006 2007 2008 2009 2010
Figure 5: Outcome of complaint investigation (2006 –2010)
No complaint 27%
Unfounded 31%
Not substantiated 19%
Withdrawn 0%
Not proceeded with 8%
Substantiated 0%
Resolved 11%
Not resolved 4%
32
Complaints made to OPI
Figure 6: Number of allegations regarding ‘unjustified search’ made to OPI (2006–2010)*
5
3
12
8
3
0
2
4
6
8
10
12
14
2006 2007 2008 2009 2010
Source: OPI data**
powers without a warrant, which are discussed in more detail below, any analysis of
and, if it exists at all, is isolated to individuals.
33
Michael Pearce SC warned that police could abuse the extended powers to victimise,
There is already a bit of evidence that police engage in those sort of tactics with their current powers, and now it’s proposed that they’ll have more scope to do that.63
stated:
Tough laws such as this may unfairly target some members of our community such as homeless people, young people, Indigenous Australians and those experiencing mental health issues.64
Much of the debate since 2009 has been led by community advocates who have 65, 66
Community research
and survey data. They found police disproportionately stop and search African youth 67
68
63 Austin, P. ‘Police poised for new street search powers’, The Age,
64 Letter to the editor.
65 Police encounters with young people in the Flemington Region and surrounding areas.
66 Reside, S and Smith, B. (2010) ‘Boys, you wanna give me some action?’ Interventions into Policing of Racialised Communities in Melbourne’,
67 Disproportionate used to describe a disparity, or imbalance in the application of the power to different ethnic Disproportionate and
Discriminatory: Reviewing the Evidence on Police Stop and Search,68 Dolic, Z (2011) Race or Reason? Police encounters with young people in the Flemington Region and surrounding
areas.
34
about police conduct invite retribution.69
experiences and perspectives of police powers, they do not present solid evidence to
70
71
or time.72
race. The study found that it was highly problematic in practice 73
black or white covers a wide variety of
This diversity within racial categories is a ‘veil of ignorance’ that inhibits the capacity for anyone to target selectively, for between apparent and actual racial identity is a degree of unknown error.
veil – the sheer invisibility of many of those who police select for stop and search.
69 Reside, S and Smith, B. (2010) ‘Boys, you wanna give me some action?’ Interventions into Policing of Racialised Communities in Melbourne’
70
71 Stop/Search: Impact on Crime and Impact on Public Opinion, Police Foundation (UK), pp1872 Dixon, Bottomley, Coleman, Gill and Wall (1989). Reality and rules in the construction and regulation of police
suspicion. pp18673 British Journal of Criminology, vol. 44, no.
6, pp900
35
In 84 per cent of episodes of stop and search recounted by interviewees police were deployed on mobile patrol at the time. Making observations of pedestrians from a
exclusively upon this task. Not only does the vehicle move, but it does so through
footpath. Pedestrians are viewed from greater or lesser distance… pedestrians themselves may be glimpsed as they disappear from view, or are walking away, or concealed by layers of clothing, including umbrellas.74
what’s really happening with ‘stop and search’ powers in Victoria.
Once what’s really happening
the broader community.
Community perceptions
serve. The Victoria Police multicultural policy emphasises the importance of community 75
Victoria Police has declared a commitment to enter into partnerships with communities. For this reason it is important police consider proportionality in the context of the impact of a search on community-police relationships.
and search’ powers have been used. They could explain why they were used and the impact of these operations on whatever measures were used to justify the need for the
crime prevention initiatives have been undertaken. This would indicate the impact of the searches. If the information is considered too sensitive for publication, Victoria Police
which would review ‘stop and search’ data.
74 British Journal of Criminology, vol. 44, no. 6, pp900–901
75 Victoria Police (2007) Multicultural policy statement: proud to be working in partnership with culturally and linguistically diverse communities.
36
Reporting to the Minister
The annual information provided by Victoria Police to the Minister for Police and
Controlled Weapons Act 1990. for the years 2003–2004, 2004–2005 or 2005–2006.
LEAP. To provide the 2006–2007 and 2007–2008 data, Victoria Police conducted a
Victoria Police reported as follows:
Figure 7: Number of searches without warrant (2006–2007) and (2007–2008)
Legislation Requirement 2006–2007 2007–2008
Control of Weapons Act 1990
Number of searches without warrant.
includes searches authorised 3080 3890
Control of Weapons Act 1990 searches conducted
1204
Not provided. Reported on % only with no total.
[r]ecords relating to searches under s10B of the Control of Weapons Act 1990 where
It should be noted that information regarding the number and type of weapons
recorded. Therefore the information supplied under section 10B(b) may not be
rectify this issue.
powers in the 2009–2010 Annual Report:
37
Figure 8: Number of searches without warrant (2008–2009) and (2009–2010)
Legislation Requirement 2008–2009 2009–2010
Control of Weapons Act 1990 s. 10B
Number of searches without warrant conducted under s.10 146 97
Control of Weapons Act 1990
Number of strip searches
under s.10G 1
0
Control of Weapons Act 1990 [strip] searches conducted2
0
other searches.
Source: Victoria Police Annual Reports 2008–2010
The information published in the Victoria Police Annual Report 2009–2010 did not:
The 2010–2011 data provided by Victoria Police in the Annual Report did not identify
Figure 9: Number of searches without warrant (2010–2011)
Legislation 2010–2011
Number of searches without warrant 62
Source: Victoria Police Annual Report 2011
The 2010–2011 report also reported the 2009–2010 statistics for search without warrant
Report for the previous year.
‘stop and search’ powers is determined. A nil search result could indicate that ‘stop
search was unwarranted. However, accurate data collection is an important tool for
38
Data integrity issues
76
The current form which police use to record details of searches undertaken is complex 77 Victoria Police may be able to increase compliance by
be provided with a reference number that would improve their access to the record of their search.
78
76 Report of an investigation into Victoria Police crime records and statistical reporting
77 See Appendix Two78
Critical Criminology, vol. 14, no. 3, p256
39
‘Stop and search’ receipting
79
80 Under the system
81
look at their ‘stop and search’ records.
79 See Control of Weapons Act 1990 s10(3)(b), 10A(3), 10I(1)(b) and 10I(3)80 Hopkins, T. ‘Police searches need new profile’, The Age, 8 November 2011 p1381 The Age, 6 September 2011
40
may have happened in the area around the time they were stopped.
The stated aim of ‘stop and search’ powers is to reduce violent or weapon-related
crime in particular. Unfortunately the data that informs the debate about ‘stop and search’
Deterrence
The extended ‘stop and search’ powers introduced in the 2009 Act aimed to prevent
will be searched.82
82 Macnish, K (2011) ‘Surveillance ethics’, Internet Encyclopaedia of Philosophy: a peer reviewed academic resource.
41
Cutting ‘crime’
83
found the relationship between the incidence of knife-crime and the rates of ‘stop and search’ is at best unclear. Data from London’s Metropolitan Police indicates that police
month later.84
to crime statistics for the same period showed no relationship between increased 85
Figure 10: Number of stop and search searches relative to crime rate (UK)
UK District Number of searches Crime rate
840 25% decrease
Newham 13,347 7.7% decrease
Lambeth 1,512 3.8% increase
Waltham Forest 3,123 6% increase
carries them and why.86
87
crime as it is a precursor to all other knife-crimes. A small Victorian study of 80 people
88
83 Hunter, T. ‘Weapons amnesty won’t stem knife crime: expert’, The Age, 14 September 200984
European Journal on Criminal Policy and Research, vol. 9, no. 1, p8485 Report into Stop and Search. London. Metropolitan Police Service86 Living on edge: Understanding the social context of knife carriage
among young people. Melbourne: RMIT. University Press87 Trends and issues in crime and criminal justice.
No. 417 p1688 Living on edge: Understanding the social context of knife carriage among
young people. Melbourne: RMIT. University Press
42
The study found people who carry knives are likely to be:
poor academic performance)
carry or use a weapon within a broad social framework, interventions will be poorly 89
That’s not a knife, this is a knife
are not obviously a ‘weapon’, for example a laser pointer.
90
excuse.
exemption.
89 Living on edge: Understanding the social context of knife carriage among young people. Melbourne: RMIT. University Press p113
90 Baldwin, R. and Kinsey, R. (1980), ‘Behind the Politics of Police Powers’, British Journal of Law and Society, vol. 7, no. 2, pp246
43
an exemption.
Analysing statistics
91 For example, an
carriage of weapon.92
illustrate a ‘rise’ or a ‘decline’ and both of these representations can be true.
91 ‘Crime statistics and the trouble with knives’ The Law Report.
92 ‘Crime statistics and the trouble with knives’ The Law Report.
Disproportionate and Discriminatory: Reviewing the Evidence on Police Stop and Search [Online]. www.stop-Disproportionate and
Discriminatory: Reviewing the Evidence on Police Stop and Search,
44
In Victoria, assaults with a weapon comprise 10 per cent of assaults, but there is
violent crime and the types of weapons used in such incidents.
Armed robbery data
93 OPI’s analysis examined the:
– knife was used, threatened or displayed
2010, a rise in 2010–2011 indicates the reduction is unlikely to represent a downward
Figure 11: Number of weapons used, threatened or shown in armed robberies by year
Year 2007–2008 2008–2009 2009–2010 2010 –2011
Number of weapons used, threatened or shown 1281 1389 1165 1315
A knife was the most common weapon used, threatened or displayed in all armed
93
45
Figure 12: Victoria Police Crime Statistics – Armed robbery weapon used/threatened/displayed by year
0
100
200
300
400
500
600
700
800
2007–2008
2008–2009
2009–2010*
2010–2011*
689
10
91
109
7
39
146
81
108
1
758
36
62
134
10
37
162
66
120
4
631
15
63
88
1
49
102
32 40
137
7
657
17
96
78
6
57
160
33
59
150
2
Knife
Axe/T
omahaw
k
Other e
dged w
eapon
Bat/b
ar/cl
ub
Knuckleduste
r/nunch
aku
Syrin
ge
Other w
eapon
Record
ed ‘oth
er items’*
*
e/glas
s
Rif le/g
un/Vehicl
e
* 2009–2010 statistics are as recorded in 2009–2010 Annual Report. These statistics do not include ‘cleared crime’
spray and unknown weapon
of robberies where a knife was presented, used, threatened or displayed.
The decrease in the proportion of robberies where a knife was used has been matched
all armed robberies. This trend appears constant.
The armed robbery crime statistics do not indicate any discernable impact of the use of the 2009 Act powers on the rates of armed robbery, or on the type of weapon used in armed robberies.
46
Figu
re 1
3: V
icto
ria
Poli
ce C
rim
e St
atis
tics
– A
rmed
robb
ery
wea
pon
used
/thr
eate
ned
/dis
play
ed a
s a
perc
enta
ge o
f tha
t yea
r
Vehi
cle
0%
Reco
rded
‘oth
er it
ems’
**
0%K
nife
54
%O
ther
wea
pon
11%
2007
–200
8
Vehi
cle
1%
Reco
rded
‘oth
er it
ems’
**
3%K
nife
54
%O
ther
wea
pon
9%
2009
–201
0*
Vehi
cle
0%
Reco
rded
‘oth
er it
ems’
**
0%K
nife
54
%O
ther
wea
pon
12%
2008
–200
9
Vehi
cle
0%
Reco
rded
‘oth
er it
ems’
**
3%K
nife
50
%O
ther
wea
pon
12%
2010
–201
1*
47
National comparators
knife as knife or
machete knife, sword, scissor and screwdriver.
Controlled Weapons Act 1990.
and search’ without a warrant is now reported annually in the Victoria Police annual report of operations. This data is available for broad public scrutiny.
searched without a warrant and ultimately civil courts.
on this issue.
48
Conclusion
This review examined Victoria Police use of ‘stop and search’ powers in the context of concerns raised in submissions to Victorian Parliament’s Scrutiny of Acts and
review does not provide persuasive evidence to support either of these concerns.
In order to increase compliance Victoria Police should simplify the ‘stop and search’ 94
This review has also raised a philosophical issue about what constitutes a proportionate search. crime one in which:
intelligence
proportionality.
increased violence and knife-related crime. They are based on the premise that
Victoria. More research is needed to establish how many people carry knives, who
94 Victoria Police L19C search without warrant report
49
likely to 95
local communities about where ‘stop and search’ powers have been used, why they were used and the impact of these operations on knife-related crime. But police do not
Community leaders, community advocates and the media have a responsibility not to
95 Macnish, K (2011) ‘Surveillance ethics’, Internet Encyclopaedia of Philosophy: a peer reviewed academic resource.
50
Appendix One: Definitions of Victoria Police complaint determinations
Substantiated Complaint found to be true.
Unable to determine whether the complaint is true or not.
Not proceeded with
Withdrawn
No complaint
Not substantiated
Unfounded the complaint whatsoever.
Exonerated The evidence clearly establishes that a particular employee is not involved in a complaint or is completely free from blame.
Source: Victoria Police
51
Appendix Two: Field Contact – search without warrant report
52
53
54
Reg
ion
Fiel
d C
onta
ct T
ype
2003
/04
2004
/05
2005
/06
2006
/07
2007
/08
2008
/09
2009
/10
2010
/11
East
Wea
pons
sea
rch
with
out w
arra
nt
2422
67
117
113
Fire
arm
sea
rch
with
out w
arra
nt
14
31
16
12
.17
315
1714
147
28
114
2211
309
..
..
.8
134
..
..
..
00
..
..
..
00
Tota
l
2751
5117
4156
6925
Nor
th
Wea
pons
sea
rch
with
out w
arra
nt
304
5315
819
5437
38
Fire
arm
sea
rch
with
out w
arra
nt
69
21
41
33
232
339
336
1561
165
103
3716
4144
42
..
..
.30
3526
..
..
..
30
..
..
..
418
Tota
l
313
159
153
5542
162
141
188
55
Reg
ion
Fiel
d C
onta
ct T
ype
2003
/04
2004
/05
2005
/06
2006
/07
2007
/08
2008
/09
2009
/10
2010
/11
Sout
h
Wea
pons
sea
rch
with
out w
arra
nt
3812
1129
135
126
Fire
arm
sea
rch
with
out w
arra
nt
01
00
00
32
.7
109
519
512
.2
2443
310
1022
..
..
177
2618
..
..
..
00
..
..
..
011
Tota
l
3822
4581
1014
156
71
Wes
t
Wea
pons
sea
rch
with
out w
arra
nt
114
25
13
116
Fire
arm
sea
rch
with
out w
arra
nt
00
41
66
46
.20
1614
315
98
.10
42
1024
2217
..
..
.1
00
..
..
..
00
..
..
..
00
Tota
l
1134
2622
2049
4637
Sou
rce:
Vict
oria
Pol
ice
56
App
endi
x Fo
ur: V
icto
ria
Polic
e O
pera
tion
Om
ni S
tatis
tics
Omni I
Omni II
Omni III
Omni IV
Omni V
Omni VI
Omni VII
Omni VIII
Running Totals
Location
Foots cray
Nth Melb
Flinders St
Sun shine
Dande nong
Darebin
Glenroy
Sunshine
Footscray
Dandenong
Broadmeadows
Frankston
Flinders St
Dandenong
Footscray
Dandenong
Sunshine
Broadmeadows
Dat
e
Pers
ons
sear
ched
(F
ull)
00
00
00
00
00
00
00
01
0
1
Pers
ons
sear
ched
(P
at D
own)
11
20
191
00
10
00
210
0
037
Pers
ons
sear
ched
(W
and)
182
146
432
120
336
115
4920
128
010
112
714
130
816
943
327
7
345
3762
Tota
l sea
rche
s18
314
743
412
035
511
649
201
281
101
127
141
306
179
433
277
170
345
3969
Wea
pons
foun
d12
12
47
30
27
42
32
43
20
058
Tota
l rat
io o
f pe
ople
sea
rche
d to
wea
pons
1 to
68
over
wea
pons
71
25
30
01
14
23
13
20
70
42
57
Rat
io o
f peo
ple
sear
ched
to
wea
pons
foun
d:
1
to 1
51
to
146
1
to 2
161
to
24
1
to 1
91
to
39
0
to 4
91
to
50
1
to 4
01
to
50
1
to 6
31
to
47
1
to 1
161
to
42
1
to 1
441
to
56
0
to 2
40
to
345
Pena
lty n
otic
es4
07
410
61
05
23
45
12
03
663
10
01
12
20
23
01
03
02
22
22
Refu
se to
com
ply
01
00
00
00
00
00
00
00
00
1
polic
e0
00
00
00
00
01
00
00
00
01
Add
ition
al
sum
mon
s3
07
21
12
06
50
02
42
10
036
Gen
der:
Mal
eU
108
UU
264
UU
138
231
–U
UU
UU
UU
283
Gen
der:
Fem
ale
U38
UU
41U
U63
50U
UU
UU
UU
U62
Gen
der
Chi
ldre
n (o
ver 1
2)U
3U
68
10
00
00
00
0
018
Fiel
d C
onta
ct
Repo
rts
5U
UU
61
23
83
73
211
31
42
61
Info
rmat
ion
Repo
rts
0U
UU
30
11
00
00
03
00
00
8
Car
che
cks
0U
UU
70
10
20
21
00
00
00
13
1 In
sp18
3527
26
Sour
ce: V
icto
ria
Polic
e.
58
Appendix Five: Response by Chief Commissioner Lay
59
