On-the-spot injustice

In the Carr Government's latest policies to give more power to the 
police and policing bodies, the new NSW Police Commissioner Ken Moroney has 
announced that officers will now be able to issue on-the-spot fines. In 
addition, a new category of transit officers on NSW public transport will 
be given arrest powers.

In a move dressed up as "more police to attack real crime", the new police 
powers will see petty offenders charged without any juridical protection.

On-the-spot infringement notices carrying fines of $150 to $400 will be 
handed to petty offenders found to have committed minor crimes such as 
offensive conduct, common assault or giving a false name and address.

These offences include obstructing traffic, unlawful entry of premises, 
letting off fireworks, obtaining money by false representation and 
shoplifting where the amount doesn't exceed $500, and offensive language.

The new system — to be trialled in 10 areas in NSW over 12 months starting 
on July 1 — is being promoted as freeing police from "mountains of paper 
work" on non-serious crime.

"The trial is designed for first-time offenders and is not for those 
involved in organised and serious crime", said Moroney.

As an example, he told of one country police officer recently spending 
three and a half hours processing a suspect who had stolen 99 cents worth 
of sugar cubes.

The new system represents a significant shift in the presumption of 
innocence. While the offender can still take the matter to court, in many 
cases they will not have the finances to do so.

Initially it is understood that the police will use a standard infringement 
notice form with a section on the back to record people's fingerprints.

The infringement notices will form part of the criminal histories of 
individuals involved in these crimes. Police will still have the discretion 
to arrest and charge suspects and issue cautions or court attendance 
notices.

Police Minister Michael Costa said those found not guilty could apply to 
have their prints expunged from the record. Those who don't pay will be 
issued with warrants for their arrest.

But $150 to $400, at the discretion of individual officers, is a lot of 
money for $1 worth of sugar. Police can dismiss or increase the amount — 
or arrest the person instead. They will become judge and jury, leaving the 
person accused exposed to the whims of individual police officers based on 
an assumption of guilt.

The trial will be conducted in the areas of, The Rocks, City Central, 
Parramatta, Bankstown, Brisbane Waters, Lake Illawarra, Lake Macquarie, and 
Tuggerah Lakes.

State Rail is recruiting 100 new transit officers. At least 40 will be 
given powers to make arrests using handcuffs, in a so-called campaign to 
prevent platform crime.

This ignores the root of the problem: it is unstaffed stations and an 
overall reduction in staffing on the rail system which leaves commuters 
vulnerable.

The remaining 60 will be able to demand proof of name and address, issue 
infringement notices and forcibly move people from trains or stations.

The experience in Western Australia, where transit officers have the power 
of arrest, is that they wield the power with violence and a vicious 
arrogance, assaulting suspects and terrorising commuters.

So if you just happen to kick your toe on a Sydney railway station 
platform, don't swear: you may end up with a $150 fine or being carted off 
in handcuffs.