11. SUE BRADFORD (Green) Link to this
to the Minister of Police
Is it police policy to arrest and prosecute people for every technical offence committed—for example, when parents keep their children out of school to take them on a family holiday?
Hon PHIL GOFF (Minister of Defence) Link to this
No. The police, in all cases, weigh up whether it is in the public interest to bring matters before the court. Issues regarded as minor offences very rarely reach this stage.
What are the main factors police consider when deciding whether to prosecute someone for a trivial or a technical offence?
There are two key guidelines in terms of the police decision as to whether to prosecute. The first is whether there is evidential sufficiency—that is, sufficient admissible and reliable evidence that an offence has been committed. The second is that the police have to weigh up whether it is in the public interest to prosecute, and when they do that they generally follow the Crown Solicitor’s prosecution guidelines. For an alleged assault, for example, this would involve, among other things, consideration of the amount of force used in all the circumstances.
What are some of the other factors that police would take into account to determine whether it is in the public interest to bring a prosecution, were my Crimes (Substituted Section 59) Amendment Bill to become law?
The Crown Solicitor’s prosecution guidelines take into account a range of different factors. Probably the most important is the seriousness, or, conversely, the triviality, of the alleged offence; that is, whether the conduct really merits the intervention of the criminal law. They would look at all mitigating or aggravating circumstances. They would look at the effect of public opinion on any decision not to prosecute. They would look at the availability of any proper alternatives to prosecution. So the member will get a sense that the police will decide in all the circumstances on something that is serious and warrants the intervention of the law, not something that would be regarded as an offence, but as relatively minor.
Chester BorrowsWill the Minister confirm that every reported smacking will be investigated by police because not to investigate such matters seriously will be counter to the current family violence policy, which states: “The majority of offenders in family violence cases will appear before the Court. There may be rare cases when diversion might be considered, providing it is not seen as the ‘easy option’.”?
I had the chance to look at the submission the police made to the select committee. The relevant part of it states that if section 59 were repealed, this would mean that in all cases of suspected or reported assaults on children, the police would continue to investigate the alleged assaults—that is, the police are obliged to do that right now. So, in that sense, there will not be a great change in practice.
Who can the public turn to for authoritative advice on police practice in respect of police procedures on family violence?
The Commissioner of Police himself is responsible for publishing the best-practice guidelines. They are circulated through to the police—through, I think, the intranet, police bulletin boards, and the police magazine. I am advised that the best-practice guidelines in all areas would be available to the police on request, and the same would apply in regard to the member’s bill.