BackPolice officers in NSW need a broad range of powers to assist them in performing their work. These include powers to assist in policing and responding effectively to serious threats of drunken violence. In 2011, a new summary offence was introduced to provide police with an additional tool to manage incidents of intoxicated, anti-social and violent behaviour in entertainment districts. The amendment enabled police to issue an on-the-spot fine or charge a person for continuing to be intoxicated and disorderly after having been given an opportunity to comply with a formal move on direction by police.
Parliament required NSW Ombudsman Bruce Barbour to review and report on how this power is used and the Ombudsman’s 2014 report on Policing intoxicated and disorderly conduct outlines the findings and recommendations resulting from this review.
A central finding is that the new powers impact on vulnerable groups who are already over-represented in the criminal justice system. During the first 12 months of the new intoxicated and disorderly offence, 40% (196) of all fines and charges for this offence were issued to marginalised groups – mainly Aboriginal people and/or people who are experiencing, or who have a recent history of, mental illness. NSW Ombudsman Bruce Barbour therefore believes that “this is an area that will need to continue to be monitored carefully”.
The recommendations in this report aim to ensure the legislation and policy relating to the application and use of these provisions are clear, and that the powers are used effectively and in a way that is consistent with government policy.
Source: Office of the Ombudsman New South Wales, Australia
