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Date: April 29, 2024 Mon
Time: 10:29 pm
Time: 10:29 pm
Results for police pursuits
1 results foundAuthor: Australian Federal Police Title: Review of Police Pursuits Conducted by ACT Policing in the Australian Capital Territory Summary: Background 1. On 17 April 2014 the Chief Police Officer for the ACT (CPOACT) established a Working Group and endorsed the Terms of Reference for a review of police pursuits conducted in the ACT by ACT Policing. 2. The Working Group was directed to provide advice and recommendations on the AFP's police pursuit governance, procedures and framework. In particular, an emphasis was to be placed on analysing recent pursuits in the ACT to fully explore whether AFP procedures provided appropriate protection to the community and police. 3. The Working Group was directed to provide an analysis of the adequacy of legislation surrounding pursuits, and if deemed deficient, to provide recommendation for legislative reform. Review Objective and Scope 4. The objective of the review was to evaluate the appropriateness of the governance, procedures and legislative framework of police pursuits. 5. In line with the Terms of Reference, the criteria established for review included: a. Current operational practices regarding police pursuits, with a focus on case studies b. Adequacy of current pursuit policy c. Compliance with workplace health and safety legislation, policy and practices d. Jurisdictional comparison to identify best practice e. Analysis of the sufficiency of legislation 6. The scope included an assessment of: a. Existing AFP governance framework b. State and Territory legislative framework, best practice and procedure c. Terms of Reference of the ACT Policing Police Pursuit Review Committee d. Coronial recommendations in recent pursuits 7. The scope included consultation with: a. Community groups or individuals affected by road trauma b. Key ACT Government stakeholders Key Findings 8. The current AFP governance framework surrounding pursuits provides the best protection for the community against the expectation that police will ensure the safety of all road users. The pursuit governance framework has withstood significant scrutiny, however should be continually reviewed to ensure compliance with best practice. 9. The ACT Government has demonstrated confidence in ACT Policing's pursuit governance, policy and procedures. 10. The existing pursuit reporting regime needs to be amended to capture additional data to support the work of the Police Pursuits Review Committee. 11. The Police Pursuit Review Committee is a key governance mechanism that must be retained and requires periodic review of its Terms of Reference. 12. Present legislation does not contain adequate penalties and deterrents for drivers who flee from police and does not sufficiently enable police to take strong action against drivers who engage in dangerous behaviour when fleeing from police. Overall Conclusion 13. ACT Policing has in place an adequate governance framework for conducting police pursuits within the ACT. 14. Notwithstanding this, this review should inform a continued best practice approach to police pursuit policy for ACT Policing. 15. The legislation in the ACT is deficient and does not deter individuals from initiating pursuits. Recommendations 16. The review has made 42 recommendations to the CPOACT which encompass amendments to AFP policy and procedure and reform to current ACT legislation. 17. Endorsement of all 42 recommendations will provide a contemporary evidence based legislation and governance framework which will achieve best practice and meet the needs of ACT Policing and the expectations of the ACT community. 18. The benefits to be realised from this review and subsequent endorsement of recommendations include: Risk: Reduce prevalence of fleeing drivers; Options: provide alternatives for police to not engage in pursuits; Legislation: adequate penalties and deterrence; Accountability: fleeing drivers will be identified; Deterrence: to deter drivers who may want to flee from police; Consequences: harsher penalties for the offence; Community safety: minimise risk to community; and Police officer safety: mitigate risks to officer safety. 19. The recommendations for legislative reform will impose significant penalties for drivers who flee from police, and have maximum impact to deter drivers fleeing from police. 20. The recommendations seek to implement strict and/or absolute liabilities for the identified vehicle, as is currently the case for traffic camera offences, by applying the same principles to the registered operator of a fleeing vehicle. 21. The recommendations seek to impose penalties on fleeing drivers similar in nature to the Road Transport (Alcohol and Drugs) Act 1977 offence for Level 4 Prescribed Concentration of Alcohol (PCA). The level of risk posed to the community for a driver fleeing from police is comparable to a high-range PCA offence. 22. This review strongly recommends the following penalties for a first offender be imposed on the driver of the fleeing vehicle, or the registered operator of the fleeing vehicle who has refused or failed to identify the driver: 15 penalty units equivalent to a $2100 fine; Immediate Suspension Notice of three months with a court imposed minimum disqualification of six months and a default disqualification of three years; Court imposed maximum nine months imprisonment; and Seizure, for a period of three months, of the vehicle that was engaged in the pursuit. 23. This review strongly recommends the following penalties be imposed for a repeat offender on the driver of the fleeing vehicle, or the registered operator of the fleeing vehicle who has refused or failed to identify the driver: 20 penalty units equivalent to a $2800 fine; Immediate Suspension Notice of six months with a court imposed minimum disqualification of 12 months and a default disqualification of five years; Court imposed maximum 12 months imprisonment; and Seizure and subsequent forfeiture of the vehicle that was engaged in the pursuit. 24. It is incumbent on ACT Policing to work in partnership with ACT Government and key stakeholders to progress the recommended legislative reforms as a complete package so as to provide alternative options to police pursuits. Details: Canberra: AFP, 2015. 148p. Source: Internet Resource: Accessed October 8, 2016 at: https://www.police.act.gov.au/sites/default/files/PDF/Review%20of%20police%20pursuits%20conducted%20by%20ACT%20Policing%20in%20the%20Australian%20Capital%20Territory.pdf Year: 2015 Country: Australia URL: https://www.police.act.gov.au/sites/default/files/PDF/Review%20of%20police%20pursuits%20conducted%20by%20ACT%20Policing%20in%20the%20Australian%20Capital%20Territory.pdf Shelf Number: 145373 Keywords: Police BehaviorPolice EffectivenessPolice Policies and PracticesPolice Pursuits |