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Police Move-On Powers: a CMC Review of Their Police move-on powers December 2010 A CMC review of their use CMC vision: That the CMC make a unique contribution to protecting Queenslanders from major crime, and promote a trustworthy public sector. CMC mission: To combat crime and improve public sector integrity. ACKNOWLEDGMENTS The CMC is appreciative of the many people from government, non-government agencies and the community who contributed to this review. The comments received were a valuable contribution to the review. This report is the result of a substantial collaborative effort by current and former staff of the Research Unit of the CMC. The report was prepared for publication by the Communications Unit. © Crime and Misconduct Commission 2010 Apart from any fair dealing for the purpose of private study, research, criticism or review, as permitted under the Copyright Act 1968, no part may be reproduced by any process without permission. Inquiries should be made to the publisher, the Crime and Misconduct Commission. ISBN 978-1-876986-65-0 Crime and Misconduct Commission Level 2, North Tower Green Square 515 St Pauls Terrace, Fortitude Valley, Australia 4006 GPO Box 3123 Brisbane Qld 4001 Tel: (07) 3360 6060 Fax: (07) 3360 6333 Email: [email protected] Note: This publication is accessible through the CMC website <www.cmc.qld.gov.au>. FOREWORD Move-on powers were given to Queensland police officers in 1997 as a means of preventing crime and maintaining public order and safety. In 2006, these powers were expanded to operate from prescribed areas to public places statewide and the CMC was tasked with reviewing the laws. Our review of police move-on powers follows a series of CMC reports on the interaction between police and members of the community in public space. It again highlights the complicated nature of public order policing and the delicate balancing exercise that police must undertake in maintaining public order and safety, while respecting the rights of all people to use and access public space. That balancing exercise requires police officers to exercise their discretion in numerous ways — for example, from taking no action to a formal move-on direction that may lead to arrest if disobeyed. Although the discretionary nature of the move-on powers is one of their advantages, misuse of that discretion has the potential to seriously undermine the objectives of the legislation and to damage public confidence in policing. It is therefore important that the exercise of discretion be properly managed in terms of being reasonable, bona fide, principled and consistent. That management will only come about with adequate training, clear guidelines and cultural awareness. One of the main concerns of community groups upon the introduction and later geographical expansion of the move-on powers was their possible adverse impact on a number of disadvantaged groups such as young people, homeless persons and Indigenous people. Our review has found some support for those concerns. In particular, young people and Indigenous people are significantly more likely to experience being moved on than any other group. We also see some evidence to support a call to re-emphasise the need to use informal processes to divert people from the justice system, particularly in the context of policing juveniles. Although we consider that police should retain move-on powers, we are concerned by some of these findings and the lack of proper guidance provided to operational police for the use of the move-on powers, in particular the exercise of discretion. We have recommended a number of legislative and operational changes that we hope will address some of these concerns. In closing, we wish to make clear that powers for policing public space (including move-on powers) are no solution to some of the complex and difficult social problems of our time that occur in public places. As a community we need to work harder to rectify the problems that result in police taking action on our behalf. We also need to develop greater tolerance of people who live and conduct their lives in social space. Martin Moynihan AO QC Chairperson v CONTENTS Foreword v List of abbreviations viii Glossary ix Overview of the report xi Summary xii 1 Background 1 The introduction of move-on powers in Queensland 1 Move-on powers: the legislation 3 Scope of the CMC review 3 Approach and information sources 4 Time periods for the review 4 Limitations of the scope and approach 5 2 Public order policing, move-on powers and the importance of discretion 8 The role of police in society 8 The objectives of policing public space 9 Tools for policing public order: move-on and other powers 10 Public order policing and police discretion 11 3 The use of the move-on powers in Queensland 14 Summary of general trends associated with the use of the move-on powers 15 Use of move-on powers 15 Use of the disobey move-on offence 21 How the data correspond with concerns regarding the potential for misuse of move-on powers 33 4 The administration of the move-on laws and our recommendations 34 The legislative framework 34 The policing architecture of the move-on powers 47 Appendixes 1 The PPRA 2000 move-on laws 57 2 Review approach and information sources 60 3 Peel’s Principles of Policing 63 4 Other Queensland police powers and laws 64 5 Map of Queensland Police Service regions 69 6 Notified areas where move-on laws could be applied 70 7 Move-on powers and related laws in other Australian jurisdictions 73 8 Case note, Rowe v. Kemper 79 References 81 vii LIST OF ABBREVIATIONS APS Applied Policing Skills CAP Competency Acquisition Program CJC Criminal Justice Commission CMC Crime and Misconduct Commission FTO Field Training Officer OLP Online Learning Product OPM Operational Procedures Manual OPR Operational Performance Review PACE Police Abridged Competency Education program PCJC Parliamentary Criminal Justice Committee PPO report Policing public order: a review of the public nuisance offence (CMC 2008a) PPRA 2000 Police Powers and Responsibilities Act 2000 (Qld) PROVE Police Recruit Operational Vocational Education program QPILCH Queensland Public Interest Law Clearing House Incorporated QPRIME Queensland Police Records and Information Management Exchange QPS Queensland Police Service QWIC Queensland-wide Interlinked Courts SPER State Penalties Enforcement Registry SYPT Safe Youth Parties Taskforce viii GLOSSARY Adult Aged 17 years or over (17+ years). Juvenile Aged less than 17 years (0–16 years). Young adult Aged between 17 and 24 years. Move-on incident A situation in which a move-on direction is issued. Move-on laws Used in reference to legislation. Move-on powers Used in reference to the use of the move-on laws. Move-on subjects We refer to people who have been given a move-on direction as ‘move-on subjects’. Disobey move-on offence We refer to the offence of contravene a direction which involves a breach of a move-on direction as a ‘disobey move-on offence’. Disobey move-on subjects We refer to people who have disobeyed a move-on direction as ‘disobey move-on subjects’. Disobey move-on only subjects People who have only disobeyed a move-on direction and have committed no other offence. Disobey plus other subjects People charged with disobeying a move-on direction as well as some other type of offence. Recidivist disobey move-on subjects People who have disobeyed a move-on direction more than once. Disobey move-on defendants People who have been charged with disobeying a move-on direction. Community service orders A court-ordered penalty requiring offenders to perform a specified number of hours of unpaid community work. Community/youth justice conferences A police-initiated or court-ordered meeting based on restorative justice principles; the offender meets with the people affected by their crime. Front-end/back-end diversion Front-end diversion is the process of diverting persons suspected of having committed an offence to treatment and support programs before charging the person with an offence. Back-end diversion is the process of diverting persons suspected of having committed an offence to treatment and support programs after the person has been charged with an offence and court processes have commenced. Monetary orders Monetary penalties requiring offenders to make a payment of a specified sum. The most common monetary order imposed is a fine. Recognisance/good behaviour orders Penalties where offenders are ordered to be of good behaviour for a specified period and where a breach thereof may be taken into account if the offender re-offends during the period of the order. Statewide expansion Refers to the geographical expansion of move-on powers on 1 June 2006. ix OVERVIEW OF THE REPORT The Crime and Misconduct Commission (CMC) was directed by the Queensland Parliament to review the use by police officers of move-on powers. Our report has four chapters: • Chapter 1: Background • Chapter 2: Public order policing, move-on powers and the importance of discretion • Chapter 3: The use of the move-on powers in Queensland • Chapter 4: The administration of the move-on laws and our recommendations. This report is accompanied by Police move-on powers: a CMC review of their use — data report, which provides more detailed information about the review methodology, information and data sources, and data analyses. The data report is available from the publications section of the CMC website, <www.cmc.qld.gov.au>. xi SUMMARY Context of the review Move-on powers enable police to issue a direction to individuals or groups to move on or leave a public place. Move-on powers are intended to give police powers to respond to antisocial behaviour and thus facilitate improved perceptions of community safety.
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