PLEA FOR WORKABLE DRUG LAWS

POLICE Commissioner Peter Ryan will today call for NSW drug laws to be
overhauled to make them "more workable" and "not shrouded in ambiguity".

The Daily Telegraph has learned Mr Ryan will tell delegates at the State
Government's Drug Summit that some current laws are "difficult to police"
because they lack legal clarity.

Among the laws the Commissioner wants amended are those relating to search
warrants and controlled, or "sting", operations.

Mr Ryan joins drug expert Professor David Pennington and Bureau of Crime
Statistics head Don Weatherburn as keynote speakers on the first day of the
five-day Drug Summit being held at Parliament House. It will be attended by
all state MPs as well as about 80 expert delegates.

The Commissioner is expected to tell delegates that any changes to the laws
must take into account enforcement by the Police Service.

This would particularly refer to complex laws relating to search warrants
and undercover operations.

In relation to search warrants, police under current laws must explicitly
state what drugs they expect to find on a premises if they were to conduct a
search.

If they fail to do this they they either face not being granted the warrant
or having any evidence obtained during a search challenged in court.

In terms of "sting operations" the NSW Law Enforcement (Controlled
Operations) 1997 Act was introduced primarily to protect undercover police
performing illegal acts by purchasing drugs.

To set up an undercover operation, complex and detailed affidavit requests
have to be received in their original form.

Mr Ryan will also tell the conference today of the need to "enforce the law"
in relation to the manufacture and sale of drugs.

Premier Bob Carr again moved yesterday to downplay expectations ahead of the
historic summit, warning there is "no magic cure for the heroin problem".

Mr Carr admitted he did not have high expectations about the outcome of the
discussions but he had "realistic hopes".

"Action against drugs will only work if we've got every part of the
community working together," he said.

"My expectations are that people will emerge from the summit better informed
about the problem and there will be a community partnership, people coming
together to say we'll co-operate in getting more effective action against
what is one of society's most serious problems.

"There's no instant solution. Action against drugs will only work if we've
got every part of the community working together."

Government sources are also conceding that most of the summit's instigators
are "not expecting" any significant shift in policy.

But, it is understood that at least two "minor" changes to laws are expected
to be seriously canvassed, including the decriminalisation of the act of
self-administering an illegal drug.

A special working group has recommended the laws against self-administration
be abolished after it investigated the case of a man charged with
manslaughter for passing a clean syringe to a fellow addict.

The addict later overdosed and died.

The Premier has also flagged he is "closely considering" a proposal to issue
cautions to people caught with small amounts of drugs, including heroin and
ecstasy.

A similar system is in place in Victoria and Mr Carr is understood to have
been "interested" in its operation.