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News (Media Awareness Project) - Australia: Red Tape Cuts Drug Arrests
Title:Australia: Red Tape Cuts Drug Arrests
Published On:1998-08-17
Source:Daily Telegraph (Australia)
Fetched On:2008-09-07 03:14:20
RED TAPE CUTS DRUG ARRESTS

DRUG arrests have dropped by up to 80 per cent in some Sydney patrols
because complex new laws are restricting the number of undercover police
operations.

The Daily Telegraph has learned that in the nation's heroin capital,
Cabramatta, only 98 charges of drug supply were laid in the first six
months this year. This compares with 402 in 1997.

There were only 14 "controlled buys" conducted in Cabramatta between
January and June this year compared with 153 last year.

Across the State, there were 500 "sting" operations last year - since the
new legislation came into effect in March there have been only about 40.

Under new laws, police have to ask permission for undercover work, with
only Commissioner Peter Ryan or his de-puty Jeff Jarratt able to give
approval.

"Controlled buys" are now rare because of the stringent requirements and
lengthy delays in gaining permission.

The drop in drug-related arrests has led some police to push for key
components of the NSW Law Enforcement (Controlled Operations) 1997 Act to
be amended. It is understood three applications for controlled drug buys at
Cabramatta have been rejected by Mr Jarratt.

Mr Jarratt yesterday conceded the laws had constrained operations but "it
is not the only tool in our kit bag".

"Certainly the statistics show there has been less operations this year
than last, but overall the number of drug charges have not dropped all that
significantly," he said.

The law 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. Faxes are not accepted.

If a drug dealer found by police is not the person named in the affidavit,
the sting operation has to be abandoned.

Senior police claim the approval process can take up to three weeks, by
which time the planned drug transaction has fallen through.

Mr Jarratt said: "I'm certainly signing (the affidavits) day and night as I
receive them to make it the shortest possible time," he said.

"I'm signing them out of hours.

"There is a complication in that requirement (original instead of a fax)
and perhaps it's an issue we need to work through."

Checked-by: (Joel W. Johnson)
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