❓ WA Parliamentary Question on Notice regarding the use of move on notices by police, including data on ethnicity, age, duration, and breaches, as well as details of police training on the matter.
AnsweredQoN 73Legislative Council
QuestionView source ↗
(1) Over the past 12 months, -
(a) how many move on notices were issued;
(b) how many move on notices had ethnicity recorded;
(c) of the move on notices where ethnicity was recorded, how many were issued against each category of ethnic appearance that is available on the recording system;
(d) how many move on notices were issued for a period longer than 20 hours;
(e) how many move on notices were issued against a person under 18 years of age;
(f) how many people were charged with breach of a move on notice;
(g) how many of these had ethnicity recorded;
(h) of the charges for breach of a move on notice where ethnicity was recorded, how many were laid against each category of ethnic appearance that is available on the recording system;
(i) how many people under 18 years of age were charged with breach of a move on notice;
(j) how many move on notices were issued against people attending a protest, march or rally; and
(k) how many people attending a protest, march or rally were charged with breach of a move on notice?
(2) What training do police officers receive in respect of move on notices, -
(a) generally;
(b) in relation to issuing a move on notice against a person of non-Caucasian ethnicity;
(c) in relation to the length of time specified in a move on notice;
(d) in relation to the geographical boundaries specified in a move on notice;
(e) in relation to issuing a move on notice where breach of the notice would expose a person to a higher penalty than that for the conduct for which the move on notice would be issued; and
(f) in relation to issuing, or declaring an intention to issue, a move on notice against a person attending a protest, march or rally?
(3) How often is training provided to police officers in respect of move on notices?
(a) how many move on notices were issued;
(b) how many move on notices had ethnicity recorded;
(c) of the move on notices where ethnicity was recorded, how many were issued against each category of ethnic appearance that is available on the recording system;
(d) how many move on notices were issued for a period longer than 20 hours;
(e) how many move on notices were issued against a person under 18 years of age;
(f) how many people were charged with breach of a move on notice;
(g) how many of these had ethnicity recorded;
(h) of the charges for breach of a move on notice where ethnicity was recorded, how many were laid against each category of ethnic appearance that is available on the recording system;
(i) how many people under 18 years of age were charged with breach of a move on notice;
(j) how many move on notices were issued against people attending a protest, march or rally; and
(k) how many people attending a protest, march or rally were charged with breach of a move on notice?
(2) What training do police officers receive in respect of move on notices, -
(a) generally;
(b) in relation to issuing a move on notice against a person of non-Caucasian ethnicity;
(c) in relation to the length of time specified in a move on notice;
(d) in relation to the geographical boundaries specified in a move on notice;
(e) in relation to issuing a move on notice where breach of the notice would expose a person to a higher penalty than that for the conduct for which the move on notice would be issued; and
(f) in relation to issuing, or declaring an intention to issue, a move on notice against a person attending a protest, march or rally?
(3) How often is training provided to police officers in respect of move on notices?
AnswerView source ↗
Answered
16 March 2009
Responded by
Minister for Energy representing the Minister for Police
Response time
111 days
(1)
For the period 1
st
February 2008 to 31
st
January 2009 (inclusive)
(a)
15,396 move on notices were issued
(b)
9,870 move on notices had ethnicity recorded
(c)
the category of ethnic appearance is not recorded.
(d)
5,131 move on notices were issued for a period longer than 20 hours
(e)
1,636 move on notices were issued against a person under 18 years of age
(f)
1,436 persons were charged with breach of a move on notice
(g)
1,411 persons charged have ethnicity recorded.
Note: Does not include charges where the ethnicity has been recorded as 'Unknown'.
(h)
Ethnic Appearance
Breach Charges
Aboriginal
727
Asian
5
Caucasian
580
Indian
7
Latin
4
Maori
25
Middle East
21
African
31
Pacific Islander
4
Southern European
4
Note: 3 charges have a recorded ethnic appearance of 'Unknown'.
(i)
72 persons under the age of 18 years were charged with breach of a move on notice
(j)
Not Recorded
(k)
Not Recorded
Notes:
(a) These statistics are correct as at 24/02/2009, Statistics may change due to the data extraction process, which updates data for a period of 13 months to include all new or updated records in the source system.
(b) The FrontLine Incident Management System (IMS) records Ethnicity which is completed on the basis of how a person describes their ethnicity/race.
(c) Source systems do not contain a link between Persons charged with breaching a move on notice and the specific notice against which the offence occurred.
(2)
(a)
Theoretical training regarding Move on Orders is contained General Offences (legislative and procedural requirements) delivered to police recruits as well as practical scenarios. This training is reinforced at 4 days of Scenario Training and again when officers are operationally deployed. Recruits are required to pass an assessment in relation to Move On Orders which is contained within the
Criminal Investigation Act 2006
(the Act).
Post graduation police officers undertake further distance learning and complete modules of training entitled Law and Procedures 2 as a prerequisite to promotion to First Class Constable. Legislative and procedural requirements regarding Move On Orders form part of these modules.
Subsequently, officers are required to undertake further modules of study (Advanced Statutes and Procedures) to meet the prerequisites for promotion to Senior Constable. Move On Orders form part of these modules. At both stages of this distance learning officers are required to pass an assessment.
(b)
The training provided is non-discriminatory, it does not refer to a person's ethnicity and is in accordance with the section 27 (1) of the Act which refers "a person"
(c)
Training is in accordance with section 27(2) & (3) of the Act that is, the length of time that a Move on Order is for a reasonable period set by the officer; but the period must not be longer than 24 hours.
(d)
Training is in accordance with section 27(2) of the Act where officers are advised to make the boundaries reasonable to reflect the breach and location and to take into account the likely effect of the order on the person, including but not limited to the effect on the person's access to the places where he or she usually resides, shops and works, and to transport, health, education or other essential services.
(e)
A Move On Order is issued to prevent the repetition of a persons behaviour and to prevent any further possible offences being committed by that person. The person must move out of the area to prevent any further breaches.
(f)
People can lawfully attend a protest, march or rally. The training provided to officers in relation to Move on Orders does not make specific reference to lawful protests or rally marches. However, the lecturer could mention these types of gatherings as an example where possible breaches of the peace may occur.
(3)
In addition to the answer in 2(a). Theoretical and practical training is reinforced when officers are operational and as required e.g. prior to special events, in response to legislative changes. A recent two day training package delivered to all WA Police Officers included Move on Orders, as they were originally part of the Police Act and are now contained within the Criminal Investigation Act.
Notice: This document is created or edited using unregistered or evaluation copy of rtLib valid for testing or development purposes only. To use it for productive or any other purposes please register it. You may purchase the license on
http://www.rtlib.com
For the period 1
st
February 2008 to 31
st
January 2009 (inclusive)
(a)
15,396 move on notices were issued
(b)
9,870 move on notices had ethnicity recorded
(c)
the category of ethnic appearance is not recorded.
(d)
5,131 move on notices were issued for a period longer than 20 hours
(e)
1,636 move on notices were issued against a person under 18 years of age
(f)
1,436 persons were charged with breach of a move on notice
(g)
1,411 persons charged have ethnicity recorded.
Note: Does not include charges where the ethnicity has been recorded as 'Unknown'.
(h)
Ethnic Appearance
Breach Charges
Aboriginal
727
Asian
5
Caucasian
580
Indian
7
Latin
4
Maori
25
Middle East
21
African
31
Pacific Islander
4
Southern European
4
Note: 3 charges have a recorded ethnic appearance of 'Unknown'.
(i)
72 persons under the age of 18 years were charged with breach of a move on notice
(j)
Not Recorded
(k)
Not Recorded
Notes:
(a) These statistics are correct as at 24/02/2009, Statistics may change due to the data extraction process, which updates data for a period of 13 months to include all new or updated records in the source system.
(b) The FrontLine Incident Management System (IMS) records Ethnicity which is completed on the basis of how a person describes their ethnicity/race.
(c) Source systems do not contain a link between Persons charged with breaching a move on notice and the specific notice against which the offence occurred.
(2)
(a)
Theoretical training regarding Move on Orders is contained General Offences (legislative and procedural requirements) delivered to police recruits as well as practical scenarios. This training is reinforced at 4 days of Scenario Training and again when officers are operationally deployed. Recruits are required to pass an assessment in relation to Move On Orders which is contained within the
Criminal Investigation Act 2006
(the Act).
Post graduation police officers undertake further distance learning and complete modules of training entitled Law and Procedures 2 as a prerequisite to promotion to First Class Constable. Legislative and procedural requirements regarding Move On Orders form part of these modules.
Subsequently, officers are required to undertake further modules of study (Advanced Statutes and Procedures) to meet the prerequisites for promotion to Senior Constable. Move On Orders form part of these modules. At both stages of this distance learning officers are required to pass an assessment.
(b)
The training provided is non-discriminatory, it does not refer to a person's ethnicity and is in accordance with the section 27 (1) of the Act which refers "a person"
(c)
Training is in accordance with section 27(2) & (3) of the Act that is, the length of time that a Move on Order is for a reasonable period set by the officer; but the period must not be longer than 24 hours.
(d)
Training is in accordance with section 27(2) of the Act where officers are advised to make the boundaries reasonable to reflect the breach and location and to take into account the likely effect of the order on the person, including but not limited to the effect on the person's access to the places where he or she usually resides, shops and works, and to transport, health, education or other essential services.
(e)
A Move On Order is issued to prevent the repetition of a persons behaviour and to prevent any further possible offences being committed by that person. The person must move out of the area to prevent any further breaches.
(f)
People can lawfully attend a protest, march or rally. The training provided to officers in relation to Move on Orders does not make specific reference to lawful protests or rally marches. However, the lecturer could mention these types of gatherings as an example where possible breaches of the peace may occur.
(3)
In addition to the answer in 2(a). Theoretical and practical training is reinforced when officers are operational and as required e.g. prior to special events, in response to legislative changes. A recent two day training package delivered to all WA Police Officers included Move on Orders, as they were originally part of the Police Act and are now contained within the Criminal Investigation Act.
Notice: This document is created or edited using unregistered or evaluation copy of rtLib valid for testing or development purposes only. To use it for productive or any other purposes please register it. You may purchase the license on
http://www.rtlib.com
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