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Drug squad chief calls for softened penalties


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In an exclusive interview, the head of the NSW police drug squad says penalties should be softened for minor drug possession.

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Drug squad chief calls for softened penalties
By Tom Tilley for triple j's Hack, staff, ABC April 17, 2013, 7:36 pm
 
 

In an exclusive interview, the head of the NSW police drug squad says penalties should be softened for minor drug possession.

In a wide-ranging interview, Detective Superintendant Nick Bingham told triple j's Hack program that police should move to a softer approach for policing personal drug use and possession offences.

Det Supt Bingham said he would like to see cautions given for all "use-possession-type offences".

He said a cautioning program would move people away from the criminal justice system and into health programs, adding that being caught with a small amount of drugs has wide-ranging effects that impact on a person's career.

"Therefore, that person wouldn't have a criminal conviction for a use-or-possess offence," he said.

"And a person who has made a mistake and has gone to a music festival and has been found with an ecstasy pill in their pocket by a drug dog wouldn't have that criminal conviction hanging over his or her head."

Det Supt Bingham said the cannabis cautioning program had proven there "is a better way of doing things".

"It's my understanding that most of the people who have been given the benefit of a cannabis caution and have been diverted to a help line don't reoffend," he said.

Mainstream debate

Dr Alex Wodak, the president of the Australian Drug Law Reform Foundation, told Hack that Det Supt Bingham's comments should bring the subject into mainstream debate.

Dr Wodak is also a member of Australia 21, the organisation that last year .

He said Det Supt Bingham's position reflected the changing nature of the drug debate in Australia.

"Academics have been saying this sort of thing for years and with increasing confidence and increasing evidence to back that up," he said.

"But it is another matter when a senior serving policeman says this sort of thing."

Drug policy researchers like Dr Wodak are calling for a broader decriminalisation of illicit drugs and a more regulatory system.

But that is not what Det Supt Bingham believes. He said a regulatory system could be beneficial in relation to synthetic drugs but not traditional illicit drugs such as heroin.

Jane Sanders, the principal lawyer for Sydney's Shopfront Youth Legal Centre, said Det Supt Bingham's comments were "sensible and realistic".

She said moving to a cautionary system for minor drug offences would free police to deal with "real crime".

"There is less chance of people being stigmatised and drawn into the criminal justice system," she said.

'Punishment doesn't fit crime'

Chris, who was caught with three ecstasy tablets at the Big Day Out five years ago, said the conviction ruined his livelihood.

He said he had finally completed his apprenticeship as a locksmith but the conviction meant he could not hold a security licence.

He lost his job and his toil as an apprentice went to waste.

"Do you think going out to a party with three pills should affect my livelihood? I've been punished for 10 years here," he said.

"I've gone through my trade where I've earned first-year apprentice [wages of] $200 a week - did that for a year.

"Gone through all of that and finally got to where the money side of my career is - where you turn tradesman - and [i can't] do it.

"I don't think the crime fitted the punishment in this circumstance."

NSW Attorney-General Greg Smith would not comment on Det Supt Bingham's comments specifically but told Hack in a statement: "Decriminalising of the use and/or possession of illicit drugs is not on the Government's agenda."

Police Minister Michael Gallacher also released a statement:

"Nationally, police enforce their respective state drug laws in a way that highlights the seriousness of participating in the toxic drug economy," the statement said.

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Nick Bingham said that? ........... But he's the highest riding show pony for the destruction of Cannabis in Australia!!............... Now I'm confused.

I think maybe all his tough posturing has led him to over spend his budget....... He can't afford to chase minor offenders is more like it.......

 

Its his boss thats the Problem, not even willing to entertain the idea of warnings for personal use of Cannabis........... what hope do we have?

 

I tell ya what, I been waiting for 25 years to see the Laws change...... nothings changing.... you just push it more and more Underground, and make the black market richer.

 

So screw you, screw ya law, I'll grow Cannabis till the day I die... health permitting...... Which Ironically is better, thanks to Cannabis.... lol

 

The world is changing, it's not 1950 anymore. And I'm sick of seeing drunken, meth head farkwits everywhere, just cause its easier to get caught with Cannabis.

Cannabis Growers looking at losing their family and going to jail, over something , which to be honest, is no different to brewing homebrew in ya shed.

Oh , but alcohol is legal.......... thats right....... cause that does no damage in our society what so ever....... :whistle:

 

Your a bunch of Hypocrites, and its getting to the stage, we had enough of hiding, we got lives to live. Lives that could be a lot more productive and socially acceptable if you'd just open ya damn eyes. All you do is make it so people lose their livelyhoods, are looked down on, and have no future.

Cannabis smokers/growers are NOT the enemy, we are members of society.

 

I don't see weed smokers out glassing people in the face, pissing in public, bashing their wives while high, destroying peoples properties, Saying "The Cannabis made me do it" in court and getting off .

So its a Joke.

 

You can only tread on people for sooo long, then they'll stand up. You best remember YOU are here to serve US, in the best interest of public safety. Your not a gang, Its not your RIGHT or JOB to bully and harrass people. You are here to SERVE the public. So keep the public safe, including Cannabis users.

 

FFS, I paid ya goddamn wages for 20 odd years with my tax, so I should be treated with as much respect as anyone else in society.

 

While this double standard between Alcohol and Cannabis remains, and why? because one is more socially acceptable by Prudes. Seems the whole country is run by right wing Prudes, we can't even get a fair say. 

 

Even the NCPIC, which is supposed to deliver non-bias reports on Cannabis to the government is a propaganda machine, using outdated papers and findings to back up their claims that Cannabis is EVIL..... lol ..... They should be charged, misleading the Australian Public with Misinformation was a crime last time I looked, especially in a government capacity.

 

Until ya pull ya head outta ya arses I refuse to recognize your Cannabis Laws. Look around you, slowly the world is realizing Cannabis has more benefits than dangers.

 

If you police could open ya minds and see that, those big busts of Cannabis you do get, are caused by YOU. Prohibition pushed it there.

 

Look, you can have it two ways, either I can be a contributing member of society, and grow something that helps people and helps my health, OR you can drive it deeper underground........... it will NEVER go away, you will just make it worse.

 

People use Cannabis , FACT , don't make it so people have to choose pills and powders instead, because then we do have a problem.

 

Australian Police and Politicians............Turning Australia into a Hard Drug Continent........

 

Your delusional.

 

Peace. Nibbler.

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Your spot on nibbler. I actually get more of a buzz growing the species for the challenge, rountine and because it is a beautiful plant. I would be considered an occasional rec user. I drink more homebrew and drink everyday after work which could be doing me more harm to my health long term but that seems ok and no one gives a shit.  Australia won't change, as they continue to pick and choose conservative religious immigrants to only strengthen conservative views and votes.The government will be happy to peddle the same bullshit 20 more years creating a stronger conservative police states and country. As a result Australia will continue to be the most luctrive hard drug continent in the western world for organised crime.

Edited by lookinggoodguys
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While it's fair enough to be upset about existing cannabis laws, I actually see this as a positive article.

 

More and more government figures and celebrities are speaking up about relaxing the laws for illegal drugs.  For the drug squad chief to come out and say we need to use diversion programs for all illegal drugs (not just cannabis) in posession offences is a huge step forward IMO!

 

In fact I don't think this article is really about cannabis at all, as there is already a caution system with cannabis in NSW.  This is more about bringing other drugs into line with how cannabis is being dealt with.

 

Of course it is not ultimately where we want to be with drug laws but just this change would make a large difference to all the people going to court for small amounts of anything.

 

It's unlikely in Australia that the laws will just change overnight (unlike what's happened in 2 US states), so any step towards relaxing the laws is a great milestone towards our end goals.

 

But I do agree with your frustration nibbler and I also choose to flout the laws that are completely unjust and a waste of time/money/resources.

 

I wonder if farry o'barrell will respond to his comments?

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