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Report on the NSW Government's Implementation of the Recommendations of the Royal Commission into Aboriginal Deaths in Custody
Restrained use of offensive language charges That:
(b) Police Services should examine and monitor the use of offensive language charges. Government’s original position: Qualified support Revised government position: Supported Agencies responsible for implementation: NSW Police Service Implementation report The NSW Police Service instructs police officers not to arrest an alleged offender for a minor offence when a summons would be effective in having the person appear before the court (Commissioner’s Instruction 96.01). A number of strategies have also been developed as part of the Aboriginal Strategic Plan (1997-2000) in relation to offensive language. Strategy 3A specifically recognises that the appropriate use of discretion is essential in order to improve the relationship which Aboriginal people have with the police and the criminal justice system. As part of this strategy, a policy statement will be developed to promote the use of alternatives to arrest, ensuring that police consider it as a last resort. Strategy 3F relates to diversionary programs such as night patrols for Aboriginal people. Examples include projects such as the Bourke and Walgett night patrols which transport intoxicated Aboriginal people home or to a safe place to reduce the likelihood of Aboriginal people being charged with offences. Statistics from the On-Line-Charge system show that all patrols with a substantial Aboriginal population maintain a low incidence of charges for “offensive language” and “offensive conduct”. The incidence of these offences is monitored by the Service Statistician and reported upon in monthly and annual Activity Reports. These statistics are made available to the public through reports prepared by the Bureau of Crime Statistics and Research. Police support for programs such as use of field court attendance notices, cautioning and conferencing for young offenders, and diversionary programs is further evidence of the Service commitment to ensuring that Officers use the full range of discretion, and arrest and charge only when absolutely necessary. Implementation status Partially implemented Future reporting in Part A |
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