WA Parliamentary Question on Notice regarding sentencing reductions for cooperation, DNA sampling, assaults on police officers, police weaponry, loitering laws, and forensic division staffing. The response provides data and legislative references.

AnsweredQoN 2071Legislative Council
Asked
4 June 2004
Portfolio
Police and Emergency Services

QuestionView source ↗

Will the Minister please advise -
(1) What arrangements currently exist that would allow reductions in sentences for offenders who co-operate with, or provide information to, police?
(2) Is it currently possible for an offender’s sentence to be reduced for co-operation or information provided after the sentence has been passed?
(3) How many prisoners in Western Australian jails have not currently provided a DNA sample to the Back capture program?
(4) What level of evidence is currently required to allow the taking of DNA evidence from a suspect?
(5) How many DNA samples are currently awaiting analysis?
(6) What is the current wording of the police caution during interviews of suspects?
(7) How many people were charged with assaulting a police (public) officer in the following years -
(a) 1999-2000;
(b) 2000-2001;
(c) 2001-2002;
(d) 2002-2003; and
(e) 2003-2004 (to date)?
(8) How many people were found guilty of assaulting a police (public) officer in the following years -
(a) 1999-2000;
(b) 2000-2001;
(c) 2001-2002;
(d) 2002-2003; and
(e) 2003-2004 (to date)?
(9) How many people received a custodial sentence for assaulting a police (public) officer in the following years -
(a) 1999-2000;
(b) 2000-2001;
(c) 2001-2002;
(d) 2002-2003; and
(e) 2003-2004 (to date)?
(10) How many people received a suspended sentence, a community based order or a good behaviour bond for assaulting a police (public) officer in the following years -
(a) 1999-2000;
(b) 2000-2001;
(c) 2001-2002;
(d) 2002-2003; and
(e) 2003-2004 (to date)
(11) Do WA Police officers currently use the following weapons -
(a) pellet grenades;
(b) paint ball guns;
(c) water cannons; and
(d) bean bag projectile guns?
(12) If yes to any of the weapons in (12), which units and officers use these weapons?
(13) Under what circumstances and through what processes are police permitted to move on loiters?
(14) How many FTE’s are currently employed in the Forensic Division of the WA Police Service?
(15) How many unfilled positions currently exist within the Forensic Division of the WA Police Service?
(16) How long have each of the positions in (15) been vacant?

AnswerView source ↗

Answered
18 August 2004
Responded by
Minister for Housing and Works representing the Minister for Police and Emergency Services
Response time
75 days
(b) 2000-2001; (c) 2001-2002; (d) 2002-2003; and (e) 2003-2004 (to date)?
(c) 2001-2002; (d) 2002-2003; and (e) 2003-2004 (to date)?
(d) 2002-2003; and (e) 2003-2004 (to date)?
(e) 2003-2004 (to date)?
(b) 2000-2001; (c) 2001-2002; (d) 2002-2003; and (e) 2003-2004 (to date)?
(c) 2001-2002; (d) 2002-2003; and (e) 2003-2004 (to date)?
(d) 2002-2003; and (e) 2003-2004 (to date)?
(e) 2003-2004 (to date)?
(b) 2000-2001; (c) 2001-2002; (d) 2002-2003; and (e) 2003-2004 (to date)?
(c) 2001-2002; (d) 2002-2003; and (e) 2003-2004 (to date)?
(d) 2002-2003; and (e) 2003-2004 (to date)?
(e) 2003-2004 (to date)?
(b) 2000-2001; (c) 2001-2002; (d) 2002-2003; and (e) 2003-2004 (to date)
(c) 2001-2002; (d) 2002-2003; and (e) 2003-2004 (to date)
(d) 2002-2003; and (e) 2003-2004 (to date)
(e) 2003-2004 (to date)
(b) paint ball guns; (c) water cannons; and (d) bean bag projectile guns?
(c) water cannons; and (d) bean bag projectile guns?
(d) bean bag projectile guns?
(2) The Department of Justice advise generally not, however the Honourable Member may wish to consider sections 138, 139, 140, 141 and 142 of the Sentencing Act 1995. (3) The Police Service advises that the Backcapture Project resulted in the taking of 7,419 samples from convicted serious offenders. The taking of these samples was prioritiesed by expected date of release in an effort to ensure all prisoners were sampled prior to release. Since the conclusion of the Backcapture Project, every arrested person provides a DNA sample. (4) The Police Service advise that DNA samples are taken from uncharged suspects in accordance with the provisions of Part 6 of the Criminal Investigation (Identifying People) Act 2002, and charged supsects in accordance with the provisions of Part 7 of the Criminal Investigation (Identifying People) Act 2002 . (5) Our Government has made a significant investment to improve the volume and timeliness of DNA analysis. The PAthCentre has been significantly expanded, staff numbers have increased from 11 to 40 and $500,000 of equipment has been acquired to enhance the laboratory's analysis capacity. The Police Service advise that there is no backlog in analysis of DNA person samples and 5,170 crime scene samples are awaiting analysis compared with the more than 9,000 samples previously advised. (6) The Police Service advises the caution reads as follows: "You are not obliged to say anything unless you siwh to do so and anything you do say or do will be recorded and may be given in evidence." (7) The Department of Justice advise legislation provides for a charge to be laid for the assault of a public officer. Also assaults against Police Officers and other public officers can result in more serious charges of Assault Occasioning Bodily Harm, Grievous Bodily Harm and Manslaughter. The Department of Justice advises that they are unable to readily extract from its statistics such more serious offences that involve Police officers. The Department of Justice advise that in the case of all assaults the maximum penalty offence will always be sought during prosecution. In respect of the offence of Assault Public Officer, the Department of Justice advise the number of people charged in the following years: 1999/2000 767 2000/2001 1380 2001/2002 1438 2002/2003 1408 2003/2004 to end May 1269 (8) The Department of Justice advise the number of people found guilty of assaulting a public officer in the following years: 1999/2000 672 2000/2001 1223 2001/2002 1258 2002/2003 1233 2003/2004 to end May 1142 (9) The Department of Justice advise the number of people given a cutodial sentence for assaulting a public officer for the following years: 1999/2000 122 2000/2001 249 2001/2002 223 2002/2003 214 2003/2004 to end May 226 (10) The Department of Justice advise the number of people who received a suspended sentence, a community based order or a good behaviour bond for assaulting a public officer in the following years: 1999/2000 300 2000/2001 520 2001/2002 551 2002/2003 558 2003/2004 to end May 514 (11-12) The Police Service advise the Tactical Response Group use paintball guns and bean bag projectile guns. (13) The Police Service advise section 43(1) of the Police Act 1892 currently empowers police to apprehend any person "...whom he shall find or who shall have been lying or litering in any street, yard, or other place, and not giving a satisfactory account of themselves...". The key requirement is that the officer must seek a satisfactory account from the person as to their reasons for lying or loitering in the circumstances and receive no account or an unsatisfactroy account before apprehending someone for this offence. (14) The Police Service advise the current approved FTEs for the Forensic Division is 116. As part of the deployment of the extra 250 police officers committed and funded by the Gallop Government, the sworn strength of the Forensic Division will increase this year. (15-16) The Police Service advise one position is currently vacant and has been since 23 May 2004. It is anticipated a replacement will be selected via the promotion system within four to six weeks.
(3) The Police Service advises that the Backcapture Project resulted in the taking of 7,419 samples from convicted serious offenders. The taking of these samples was prioritiesed by expected date of release in an effort to ensure all prisoners were sampled prior to release. Since the conclusion of the Backcapture Project, every arrested person provides a DNA sample. (4) The Police Service advise that DNA samples are taken from uncharged suspects in accordance with the provisions of Part 6 of the Criminal Investigation (Identifying People) Act 2002, and charged supsects in accordance with the provisions of Part 7 of the Criminal Investigation (Identifying People) Act 2002 . (5) Our Government has made a significant investment to improve the volume and timeliness of DNA analysis. The PAthCentre has been significantly expanded, staff numbers have increased from 11 to 40 and $500,000 of equipment has been acquired to enhance the laboratory's analysis capacity. The Police Service advise that there is no backlog in analysis of DNA person samples and 5,170 crime scene samples are awaiting analysis compared with the more than 9,000 samples previously advised. (6) The Police Service advises the caution reads as follows: "You are not obliged to say anything unless you siwh to do so and anything you do say or do will be recorded and may be given in evidence." (7) The Department of Justice advise legislation provides for a charge to be laid for the assault of a public officer. Also assaults against Police Officers and other public officers can result in more serious charges of Assault Occasioning Bodily Harm, Grievous Bodily Harm and Manslaughter. The Department of Justice advises that they are unable to readily extract from its statistics such more serious offences that involve Police officers. The Department of Justice advise that in the case of all assaults the maximum penalty offence will always be sought during prosecution. In respect of the offence of Assault Public Officer, the Department of Justice advise the number of people charged in the following years: 1999/2000 767 2000/2001 1380 2001/2002 1438 2002/2003 1408 2003/2004 to end May 1269 (8) The Department of Justice advise the number of people found guilty of assaulting a public officer in the following years: 1999/2000 672 2000/2001 1223 2001/2002 1258 2002/2003 1233 2003/2004 to end May 1142 (9) The Department of Justice advise the number of people given a cutodial sentence for assaulting a public officer for the following years: 1999/2000 122 2000/2001 249 2001/2002 223 2002/2003 214 2003/2004 to end May 226 (10) The Department of Justice advise the number of people who received a suspended sentence, a community based order or a good behaviour bond for assaulting a public officer in the following years: 1999/2000 300 2000/2001 520 2001/2002 551 2002/2003 558 2003/2004 to end May 514 (11-12) The Police Service advise the Tactical Response Group use paintball guns and bean bag projectile guns. (13) The Police Service advise section 43(1) of the Police Act 1892 currently empowers police to apprehend any person "...whom he shall find or who shall have been lying or litering in any street, yard, or other place, and not giving a satisfactory account of themselves...". The key requirement is that the officer must seek a satisfactory account from the person as to their reasons for lying or loitering in the circumstances and receive no account or an unsatisfactroy account before apprehending someone for this offence. (14) The Police Service advise the current approved FTEs for the Forensic Division is 116. As part of the deployment of the extra 250 police officers committed and funded by the Gallop Government, the sworn strength of the Forensic Division will increase this year. (15-16) The Police Service advise one position is currently vacant and has been since 23 May 2004. It is anticipated a replacement will be selected via the promotion system within four to six weeks.
(4) The Police Service advise that DNA samples are taken from uncharged suspects in accordance with the provisions of Part 6 of the Criminal Investigation (Identifying People) Act 2002, and charged supsects in accordance with the provisions of Part 7 of the Criminal Investigation (Identifying People) Act 2002 . (5) Our Government has made a significant investment to improve the volume and timeliness of DNA analysis. The PAthCentre has been significantly expanded, staff numbers have increased from 11 to 40 and $500,000 of equipment has been acquired to enhance the laboratory's analysis capacity. The Police Service advise that there is no backlog in analysis of DNA person samples and 5,170 crime scene samples are awaiting analysis compared with the more than 9,000 samples previously advised. (6) The Police Service advises the caution reads as follows: "You are not obliged to say anything unless you siwh to do so and anything you do say or do will be recorded and may be given in evidence." (7) The Department of Justice advise legislation provides for a charge to be laid for the assault of a public officer. Also assaults against Police Officers and other public officers can result in more serious charges of Assault Occasioning Bodily Harm, Grievous Bodily Harm and Manslaughter. The Department of Justice advises that they are unable to readily extract from its statistics such more serious offences that involve Police officers. The Department of Justice advise that in the case of all assaults the maximum penalty offence will always be sought during prosecution. In respect of the offence of Assault Public Officer, the Department of Justice advise the number of people charged in the following years: 1999/2000 767 2000/2001 1380 2001/2002 1438 2002/2003 1408 2003/2004 to end May 1269 (8) The Department of Justice advise the number of people found guilty of assaulting a public officer in the following years: 1999/2000 672 2000/2001 1223 2001/2002 1258 2002/2003 1233 2003/2004 to end May 1142 (9) The Department of Justice advise the number of people given a cutodial sentence for assaulting a public officer for the following years: 1999/2000 122 2000/2001 249 2001/2002 223 2002/2003 214 2003/2004 to end May 226 (10) The Department of Justice advise the number of people who received a suspended sentence, a community based order or a good behaviour bond for assaulting a public officer in the following years: 1999/2000 300 2000/2001 520 2001/2002 551 2002/2003 558 2003/2004 to end May 514 (11-12) The Police Service advise the Tactical Response Group use paintball guns and bean bag projectile guns. (13) The Police Service advise section 43(1) of the Police Act 1892 currently empowers police to apprehend any person "...whom he shall find or who shall have been lying or litering in any street, yard, or other place, and not giving a satisfactory account of themselves...". The key requirement is that the officer must seek a satisfactory account from the person as to their reasons for lying or loitering in the circumstances and receive no account or an unsatisfactroy account before apprehending someone for this offence. (14) The Police Service advise the current approved FTEs for the Forensic Division is 116. As part of the deployment of the extra 250 police officers committed and funded by the Gallop Government, the sworn strength of the Forensic Division will increase this year. (15-16) The Police Service advise one position is currently vacant and has been since 23 May 2004. It is anticipated a replacement will be selected via the promotion system within four to six weeks.
(5) Our Government has made a significant investment to improve the volume and timeliness of DNA analysis. The PAthCentre has been significantly expanded, staff numbers have increased from 11 to 40 and $500,000 of equipment has been acquired to enhance the laboratory's analysis capacity. The Police Service advise that there is no backlog in analysis of DNA person samples and 5,170 crime scene samples are awaiting analysis compared with the more than 9,000 samples previously advised. (6) The Police Service advises the caution reads as follows: "You are not obliged to say anything unless you siwh to do so and anything you do say or do will be recorded and may be given in evidence." (7) The Department of Justice advise legislation provides for a charge to be laid for the assault of a public officer. Also assaults against Police Officers and other public officers can result in more serious charges of Assault Occasioning Bodily Harm, Grievous Bodily Harm and Manslaughter. The Department of Justice advises that they are unable to readily extract from its statistics such more serious offences that involve Police officers. The Department of Justice advise that in the case of all assaults the maximum penalty offence will always be sought during prosecution. In respect of the offence of Assault Public Officer, the Department of Justice advise the number of people charged in the following years: 1999/2000 767 2000/2001 1380 2001/2002 1438 2002/2003 1408 2003/2004 to end May 1269 (8) The Department of Justice advise the number of people found guilty of assaulting a public officer in the following years: 1999/2000 672 2000/2001 1223 2001/2002 1258 2002/2003 1233 2003/2004 to end May 1142 (9) The Department of Justice advise the number of people given a cutodial sentence for assaulting a public officer for the following years: 1999/2000 122 2000/2001 249 2001/2002 223 2002/2003 214 2003/2004 to end May 226 (10) The Department of Justice advise the number of people who received a suspended sentence, a community based order or a good behaviour bond for assaulting a public officer in the following years: 1999/2000 300 2000/2001 520 2001/2002 551 2002/2003 558 2003/2004 to end May 514 (11-12) The Police Service advise the Tactical Response Group use paintball guns and bean bag projectile guns. (13) The Police Service advise section 43(1) of the Police Act 1892 currently empowers police to apprehend any person "...whom he shall find or who shall have been lying or litering in any street, yard, or other place, and not giving a satisfactory account of themselves...". The key requirement is that the officer must seek a satisfactory account from the person as to their reasons for lying or loitering in the circumstances and receive no account or an unsatisfactroy account before apprehending someone for this offence. (14) The Police Service advise the current approved FTEs for the Forensic Division is 116. As part of the deployment of the extra 250 police officers committed and funded by the Gallop Government, the sworn strength of the Forensic Division will increase this year. (15-16) The Police Service advise one position is currently vacant and has been since 23 May 2004. It is anticipated a replacement will be selected via the promotion system within four to six weeks.
(6) The Police Service advises the caution reads as follows: "You are not obliged to say anything unless you siwh to do so and anything you do say or do will be recorded and may be given in evidence." (7) The Department of Justice advise legislation provides for a charge to be laid for the assault of a public officer. Also assaults against Police Officers and other public officers can result in more serious charges of Assault Occasioning Bodily Harm, Grievous Bodily Harm and Manslaughter. The Department of Justice advises that they are unable to readily extract from its statistics such more serious offences that involve Police officers. The Department of Justice advise that in the case of all assaults the maximum penalty offence will always be sought during prosecution. In respect of the offence of Assault Public Officer, the Department of Justice advise the number of people charged in the following years: 1999/2000 767 2000/2001 1380 2001/2002 1438 2002/2003 1408 2003/2004 to end May 1269 (8) The Department of Justice advise the number of people found guilty of assaulting a public officer in the following years: 1999/2000 672 2000/2001 1223 2001/2002 1258 2002/2003 1233 2003/2004 to end May 1142 (9) The Department of Justice advise the number of people given a cutodial sentence for assaulting a public officer for the following years: 1999/2000 122 2000/2001 249 2001/2002 223 2002/2003 214 2003/2004 to end May 226 (10) The Department of Justice advise the number of people who received a suspended sentence, a community based order or a good behaviour bond for assaulting a public officer in the following years: 1999/2000 300 2000/2001 520 2001/2002 551 2002/2003 558 2003/2004 to end May 514 (11-12) The Police Service advise the Tactical Response Group use paintball guns and bean bag projectile guns. (13) The Police Service advise section 43(1) of the Police Act 1892 currently empowers police to apprehend any person "...whom he shall find or who shall have been lying or litering in any street, yard, or other place, and not giving a satisfactory account of themselves...". The key requirement is that the officer must seek a satisfactory account from the person as to their reasons for lying or loitering in the circumstances and receive no account or an unsatisfactroy account before apprehending someone for this offence. (14) The Police Service advise the current approved FTEs for the Forensic Division is 116. As part of the deployment of the extra 250 police officers committed and funded by the Gallop Government, the sworn strength of the Forensic Division will increase this year. (15-16) The Police Service advise one position is currently vacant and has been since 23 May 2004. It is anticipated a replacement will be selected via the promotion system within four to six weeks.
"You are not obliged to say anything unless you siwh to do so and anything you do say or do will be recorded and may be given in evidence." (7) The Department of Justice advise legislation provides for a charge to be laid for the assault of a public officer. Also assaults against Police Officers and other public officers can result in more serious charges of Assault Occasioning Bodily Harm, Grievous Bodily Harm and Manslaughter. The Department of Justice advises that they are unable to readily extract from its statistics such more serious offences that involve Police officers. The Department of Justice advise that in the case of all assaults the maximum penalty offence will always be sought during prosecution. In respect of the offence of Assault Public Officer, the Department of Justice advise the number of people charged in the following years: 1999/2000 767 2000/2001 1380 2001/2002 1438 2002/2003 1408 2003/2004 to end May 1269 (8) The Department of Justice advise the number of people found guilty of assaulting a public officer in the following years: 1999/2000 672 2000/2001 1223 2001/2002 1258 2002/2003 1233 2003/2004 to end May 1142 (9) The Department of Justice advise the number of people given a cutodial sentence for assaulting a public officer for the following years: 1999/2000 122 2000/2001 249 2001/2002 223 2002/2003 214 2003/2004 to end May 226 (10) The Department of Justice advise the number of people who received a suspended sentence, a community based order or a good behaviour bond for assaulting a public officer in the following years: 1999/2000 300 2000/2001 520 2001/2002 551 2002/2003 558 2003/2004 to end May 514 (11-12) The Police Service advise the Tactical Response Group use paintball guns and bean bag projectile guns. (13) The Police Service advise section 43(1) of the Police Act 1892 currently empowers police to apprehend any person "...whom he shall find or who shall have been lying or litering in any street, yard, or other place, and not giving a satisfactory account of themselves...". The key requirement is that the officer must seek a satisfactory account from the person as to their reasons for lying or loitering in the circumstances and receive no account or an unsatisfactroy account before apprehending someone for this offence. (14) The Police Service advise the current approved FTEs for the Forensic Division is 116. As part of the deployment of the extra 250 police officers committed and funded by the Gallop Government, the sworn strength of the Forensic Division will increase this year. (15-16) The Police Service advise one position is currently vacant and has been since 23 May 2004. It is anticipated a replacement will be selected via the promotion system within four to six weeks.
(7) The Department of Justice advise legislation provides for a charge to be laid for the assault of a public officer. Also assaults against Police Officers and other public officers can result in more serious charges of Assault Occasioning Bodily Harm, Grievous Bodily Harm and Manslaughter. The Department of Justice advises that they are unable to readily extract from its statistics such more serious offences that involve Police officers. The Department of Justice advise that in the case of all assaults the maximum penalty offence will always be sought during prosecution. In respect of the offence of Assault Public Officer, the Department of Justice advise the number of people charged in the following years: 1999/2000 767 2000/2001 1380 2001/2002 1438 2002/2003 1408 2003/2004 to end May 1269 (8) The Department of Justice advise the number of people found guilty of assaulting a public officer in the following years: 1999/2000 672 2000/2001 1223 2001/2002 1258 2002/2003 1233 2003/2004 to end May 1142 (9) The Department of Justice advise the number of people given a cutodial sentence for assaulting a public officer for the following years: 1999/2000 122 2000/2001 249 2001/2002 223 2002/2003 214 2003/2004 to end May 226 (10) The Department of Justice advise the number of people who received a suspended sentence, a community based order or a good behaviour bond for assaulting a public officer in the following years: 1999/2000 300 2000/2001 520 2001/2002 551 2002/2003 558 2003/2004 to end May 514 (11-12) The Police Service advise the Tactical Response Group use paintball guns and bean bag projectile guns. (13) The Police Service advise section 43(1) of the Police Act 1892 currently empowers police to apprehend any person "...whom he shall find or who shall have been lying or litering in any street, yard, or other place, and not giving a satisfactory account of themselves...". The key requirement is that the officer must seek a satisfactory account from the person as to their reasons for lying or loitering in the circumstances and receive no account or an unsatisfactroy account before apprehending someone for this offence. (14) The Police Service advise the current approved FTEs for the Forensic Division is 116. As part of the deployment of the extra 250 police officers committed and funded by the Gallop Government, the sworn strength of the Forensic Division will increase this year. (15-16) The Police Service advise one position is currently vacant and has been since 23 May 2004. It is anticipated a replacement will be selected via the promotion system within four to six weeks.
2000/2001 1380 2001/2002 1438 2002/2003 1408 2003/2004 to end May 1269
2001/2002 1438 2002/2003 1408 2003/2004 to end May 1269
2002/2003 1408 2003/2004 to end May 1269
2003/2004 to end May 1269
2000/2001 1223 2001/2002 1258 2002/2003 1233 2003/2004 to end May 1142
2001/2002 1258 2002/2003 1233 2003/2004 to end May 1142
2002/2003 1233 2003/2004 to end May 1142
2003/2004 to end May 1142
2000/2001 249 2001/2002 223 2002/2003 214 2003/2004 to end May 226
2001/2002 223 2002/2003 214 2003/2004 to end May 226
2002/2003 214 2003/2004 to end May 226
2003/2004 to end May 226
2000/2001 520 2001/2002 551 2002/2003 558 2003/2004 to end May 514
2001/2002 551 2002/2003 558 2003/2004 to end May 514
2002/2003 558 2003/2004 to end May 514
2003/2004 to end May 514
(13) The Police Service advise section 43(1) of the Police Act 1892 currently empowers police to apprehend any person "...whom he shall find or who shall have been lying or litering in any street, yard, or other place, and not giving a satisfactory account of themselves...". The key requirement is that the officer must seek a satisfactory account from the person as to their reasons for lying or loitering in the circumstances and receive no account or an unsatisfactroy account before apprehending someone for this offence. (14) The Police Service advise the current approved FTEs for the Forensic Division is 116. As part of the deployment of the extra 250 police officers committed and funded by the Gallop Government, the sworn strength of the Forensic Division will increase this year. (15-16) The Police Service advise one position is currently vacant and has been since 23 May 2004. It is anticipated a replacement will be selected via the promotion system within four to six weeks.
(14) The Police Service advise the current approved FTEs for the Forensic Division is 116. As part of the deployment of the extra 250 police officers committed and funded by the Gallop Government, the sworn strength of the Forensic Division will increase this year. (15-16) The Police Service advise one position is currently vacant and has been since 23 May 2004. It is anticipated a replacement will be selected via the promotion system within four to six weeks.
(15-16) The Police Service advise one position is currently vacant and has been since 23 May 2004. It is anticipated a replacement will be selected via the promotion system within four to six weeks.

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