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Report on the NSW Government's Implementation of the Recommendations of the Royal Commission into Aboriginal Deaths in Custody
Police adherence to principle of arrest as a sanction of last resort That:
(b) Police administrators should train and instruct police officers accordingly and should closely check that this principle is carried out in practice; (c) Administrators of Police Services should take a more active role in ensuring police compliance with directives, guidelines and rules aimed at reducing unnecessary custodies and should review practices and procedures relevant to the use of arrest or process by summons and in particular should take account of the following matters:
(ii) a statistical data base should be established for monitoring the use of summons and arrest procedures on a Statewide basis noting the utilisation of such procedures, in particular divisions and stations; (iii) the role of supervisors should be examined and, where necessary, strengthened to provide for the overseeing of the appropriateness of arrest practices by police officers; (iv) efficiency and promotion criteria should be reviewed to ensure that advantage does not accrue to individuals or to police stations as a result of the frequency of making charges or arrests; and (v) procedures should be reviewed to ensure that work processes (particularly relating to paper work) are not encouraging arrest rather than the adoption of other options such as proceeding by summons or caution; and Government’s original position: Supported Revised government position: Supported Agencies responsible for implementation: NSW Police Service Implementation report The NSW Police Service Handbook, Aboriginal Policy Statement and Strategic Plan, Custody Managers Key Result Area and all relevant training programs stress the principle of arrest as a last resort and the use of Court Attendance Notices (CAN), summons and cautions where appropriate. Overnight custodies in police cells have almost been eliminated with the involvement of the Department of Corrective Services in the transportation and detention of police and court prisoners at a large number of centres across the State. In April 1998, the Young Offenders Act (1997) came into effect. This Act provides police with a broad range of non charge related options for dealing with a wide range of offences committed by young people. The Service is monitoring use of the Act by operational police. Since December 1999, a new data base has been in place and contains a wider range of statistics, including summonses. The Service is focussed on driving down crime. Whilst part of this focus is on solving crime and putting those responsible before the courts, there is an equal emphasis on crime prevention. The need for police in Local Area Commands to demonstrate an impact on crime levels does not detract from the requirement for appropriate procedures, and alternatives to arrest to be applied in appropriate circumstances. The measure of efficiency is the net reduction in criminal activity in an area, not the number of arrests made. Arrest statistics are produced monthly and annually and are made available to the public through reports prepared by the NSW Bureau of Crime Statistics and Research. Implementation status Fully Implemented Future reporting in Part A |
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