Situational Crime Prevention: Lockout Laws

Situational Crime Prevention - Lockout Laws

• Situational Crime Prevention geographically targets crime control in "hot spots" instead of addressing the root causes.
• The goal is to make it more difficult for criminals to commit crimes, preventing them from happening in the first place.

Legislation

• The Liquor Amendment Act 2014 mandated that new patrons could not enter hotels, registered clubs, nightclubs, and karaoke bars after 1:30 AM in Sydney Entertainment District.
• The law also required alcohol service to cease at 3:00 AM at these venues, this was done to promote safety and prevent crime.

Advantages for Lockout Laws

• Non-domestic assault incidents statistically significantly reduced after reforms went into effect in the lockout precincts as a whole by 13.3%.
• Specific precincts of Kings Cross and the CBD also saw reductions of 53% and 4% respectively.
• Lockout laws implemented in response to the death of Thomas Kelly, who was a victim of an unprovoked assault by Kieran Loveridge, and proved responsive to the need for measures to reduce alcohol-fueled violence.

Disadvantages for Lockout Laws

• An independent review of lockout laws occurred in 2016 led by Ian Callinan, a former Justice of the High Court of AUS.
• The NSW Government would maintain Sydney’s lockout laws and implement key recommendations that relaxed last drinks and lockout laws by half an hour for live entertainment venues in a two-year trial.
• Laws diverted individuals to other destinations such as Newtown.
• These laws fail to address the causes of criminal behaviour.
• Displacement / 'flock' areas are now flooded with those same revellers who have the potential to commit violence, and there have been reports of violence.
• A man in Waterloo died as the result of a coward punch.
• Non-domestic assault rose 30% in a ring of suburbs neighboring the lockout zone.
• Assistant Commissioner Mark Murdoch has admitted there is the risk the new rules could just move the crowds elsewhere.

Social Crime Prevention - Youth On Track

• Social crime prevention addresses underlying social factors that may lead to criminal behavior. Including social and economic disadvantage, early contact with the police, poor home environment, or poor school attendance.
• YOT is an early intervention scheme that identifies and responds to young people aged 10-17 who have risk of long-term involvement in the criminal justice system.
• It's a government led program by Youth Justice NSW.

Legislation for Youth On Track

• Young Offenders Act 1997 diverts young offenders away from detention and places them in training and social adjustment programs, aiding rehabilitation.
• The program works in tandem with the YOA, which creates alternatives to court using warnings, formal cautions, and YJC
• YOT is a response to these initial warnings geared towards preventing behavior from escalating.

Advantages of YOT

• Aims to prevent crime and reflects societal moral and ethical values related to justice
• The program minimizes young people pursuing a downward spiral which ultimately leads to jail, and minimizes the impact on the victims of the crimes
• NSW Attorney General Greg Smith remarked it was developed as the traditional ways of dealing with young people were not working successfully.
• 100% of participants reduced their risk of reoffending after completing the program.
• One participant stated YOT helped them, and gave them the skills to become the person they are today.

Disadvantages of YOT

• Restricted to 7 locations in NSW
• Only a limited number of Police Youth Liaison officers can support participants per program.
• This limited reach can prevent at-risk youth in other parts of the state from benefiting, leading to unequal access to support and crime prevention resources.

Resource Efficiency of YOT

• A Police Youth Liaison Officer stated, "The referral process to YOT is simple and the case management is effective, and has been a valuable resource for my work and for young offenders in the area."
• Prevents the cost of crime and incarceration.
• It costs $1956 a child per day to hold youth in detention.

CIP Strip Searches

• NSW Strip Search laws enhance community safety, especially in response to drug use at music festivals, that reveal that at least 66 young people were hospitalised because of illicit drug activity in 2019, according to an ABC Investigation.

Legislation Related to Strip Searches

• Under s31 of LEPRA, a police officer may carry out a strip search if there is a suspicion, on reasonable grounds, that the search is necessary, and that the situation is serious and urgent enough for the strip search to take place.
• Law Enforcement
• S21 gives the power to stop, search, and seize without a warrant if they reasonably suspect someone possesses stolen items, etc.
• S34 states a strip search cannot be conducted on a person who is under 10.
• Children aged 10-18 may be searched without a parent or guardian if the delay may result in evidence destruction, under s33 (3A).

Advantages of Strip Searches

• Responsive to the need for protection and safety
• In 2019 there were at least 66 young people who were hospitalised due to illicit drug activity.
• There is a negligent breach of human rights of a child if they are left in possession of illegal items that could threaten their life or safety.

Disadvantages of Strip Searches

• Total is 1,456 children as strip searched in NSW between 2016-2023, with as few as 30% for some ages resulting in items found on them.
• “We think the law is antiquated, it doesn’t protect the human rights of children and it needs to be changed as soon as possible”
• Policies are fit for purpose, balance community expectations with community safety, and decision goes ahead so that young people don’t take illicit drugs which can lead to overdose death at music festivals.
• Both general and strip search matters cause police to rely on factors that do not constitute reasonable suspicion including nervous demeanour, being in a high crime area, and the time.
• "A Law Enforcement Conduct Commission" described traumatic and degrading Conduct by officers
• A report lacked clarity of frontline officers regarding the lawfulness of certain conduct during strip searches.

Rule of Law Principles

• Presumption of innocence and arbitrary use of power
• Indigenous children made up almost 45% of the children strip searched despite only being 6.2% of the NSW population ages between 10 and 17.
• ICCPR Article 17 prohibits both unlawful and arbitrary interference with a person's privacy.
• The law explicitly states that strip searches cannot be conducted on suspicion of minor drug possession.

Use of Force During Arrest

• Police are permitted to use reasonable force to perform an arrest under s230 of LEPRA.
• The volatile nature of Police Powers requires discretion to protect themselves, victims, offenders and society. Police need clear guidelines to safely restrain individuals who might pose a threat to themselves, others, or police officers.

Legislation for Use of Force During Arrest

• ICCPR Article 7 states no one can be subjected to torture, or other cruel, inhumane or degrading treatment or punishment.
• Article 9 states no one can be subjected to arbitrary arrest or detention, with arrest being a measure of last resort.

Responsiveness to Use of Force During Arrest

• Responsive to the need to protect society in volatile situations.
• Force can be necessary to subdue individuals who may pose a threat to the community, officers, or themselves.
• In 2024, as a result of police powers, a police officer ending the stabbing attack through the use of force, consequently saving lives, was able to act.
• The establishment of the Law Enforcement Conduct Commission removes bias, thus making the criminal investigation process more procedurally fair. This holds police accountable to actions.

Disadvantages on Protection/Balance of Rights for use of Force During Arrest

• Clare Nowland, who lived with dementia, was confronted while using a walking frame and holding a steak knife. She spent a week in hospital with critical injuries before she died, illustrating the failure to protect individual rights.
• "Use of Conducted Electrical Weapons" (Taser), are less lethal option for which should be deployed and managed alongside other tactical options.
• Roberto Curti died in 2022 after being tasered 14 times, being under the influence of LSD, subsequently pinned down and handcuffed while repeatedly tasered, dying at the scene.
• Arrest can be the deprivation of freedom.

Bail (2014)

• Bail constitutes an agreement to attend court at a later date to respond to criminal accusations. The defendant is free to live within the community before their court hearing.

Legislation on Bail (2014)

• The Bail Amendment Act 2014 introduced stricter bail laws because of community safety concerns. It established standards for "show cause," meaning defendants must establish eligibility for bail privileges. An unacceptable risk examination was also strengthened, to guarantee high-risk individuals remain imprisoned. The act revised the Bail Act 2013 (NSW).

Erosion of the Presumption of Innocence

• The "show cause" requirement shifts the burden of proof to the accused.
• The new bail laws seriously attack the right to liberty if not sentenced to imprisonment after a fair trial.
• The reformed laws have made it harder to be released by the "show cause" requirement
• The new laws are "clearly shifted in favor of safeguarding the community over safeguarding the innocent."

Community Safety/Individual Rights

• The tougher bail regulations increase the possibility of innocent individuals being kept locked up for extended periods before their trial, which may result in job losses and excruciating discomfort.
• The Bureau of Crime Statistic and Research found that since the new Bail Act took effect, there has been an 11% increase in the number of bail refusals which translates to an extra 800 individuals.

CTP Charge Negotiation

• In a charge negotiation, the defense and prosecution negotiate accusations. Pleading guilty to a lower charge in exchange for dropping another higher accusations, or pleading guilty in exchange for a lesser phrase, are all parts of it.
• The major goal is to get the accused to acknowledge guilt with the prosecutor
• In December 2022, the awaiting trial caseload reached 1426.

Negatives for Charge Negotiation

• The accused agrees to plead guilty to a lesser charge in exchange for the withdrawal of more serious terms
• Brett Button was taken into jail after pleading guilty to a wedding bus crash that resulted in 10 deaths and numerous injuries
• Our legal system would grind to halt if all cases proceeded to trial, but a greater rate of guilty pleas has led to more matters heard in the District Court due to save time.
• A Charge Negotiation's balance is not very fair because UDHR Article 10.
• The lower charge in an accused person's right to face their trial.

Provocation Defence (Partial)

• A defendant is claiming other actions directly acted with there actions which is why a crime occurred.
• A partial is a reverse onus because prosecution must beyond reasonable doubt act while under with the provision that extreme provocation carries.
• It is built to project wife syndrome who kill parters and is reducing murders to manslaughters.

Legislation on Provocation Defence

• Section 23 was new law on the Crimes Amendment Act 2004 with the defense of extreme provocation only applying in matter cases and can cause a ordinary person to act with great bodily harm and intent to kill as well

Evaluation

• Was known as baised against women after the wife with the deceased to relationship never meeting
• It's not longer a arbitrary male violence with high concerning messages

Mental Illness Defence(Complete)

• It is not a crime because a person is not responsible for an offence if for the purpose had mental impairment of a crime
• People are allowed with the defendant to present a Defense thus, justice by considering circumstances that reduce culpability and limit the risk of unjust convictions

Responsive Standards

• Giving mental health the CIS which is very inclusive and aligns with evolving standards
• Replace guilty in reason of mental illness, the act in result is not criminally responsible

Balanced Rights

• A potential lack of justice which with the 24% estimate which is high the question why does a very significant matter of the population share same measures