Help users, don’t punish them says top cop as war on drugs fails
THE former head of the NSW Drug Squad says the state is losing the war on drugs and should decriminalise first-time use and possession of illicit drugs to free up police to target the big suppliers.
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THE former head of the NSW Drug Squad says the state is losing the war on drugs and should decriminalise first-time use and possession of all illicit drugs — including heroin — to free up police resources to target the big suppliers.
Retired detective superintendent Nick Bingham said the courts were clogged with first-time drug users who were almost always let off with just a warning by a magistrate.
Mr Bingham, who was boss of the Drug Squad for more than five years up to 2014, told The Daily Telegraph charging people caught using or possessing a small amount of drugs was useless, did nothing to address the war on narcotics — and merely clogged the court system.
“It is a waste of time. Invariably the courts will issue a caution with no conviction or a small fine,” Mr Bingham said.
“To be honest, in 31 years of policing I have never known anyone to be jailed purely for possessing or using drugs.
“The money spent on police resources and court time would be much better used to catch drug suppliers who create the demand, not charging first-time users.’’
Mr Bingham, who retired from the force last year, said a lot of senior police officers agreed with him but were unable to say anything publicly.
“The cops on the ground know exactly what is happening and that locking people up for having a couple of pills means hours of paperwork and lost time at court for little end,’’ he said.
Mr Bingham stressed he was not advocating the legalisation of hard drugs, merely a different approach to how we treat drug users as opposed to the dealers and suppliers.
“First and second-time offenders should be referred to the health system, not the courthouse,” he said.
“Obviously if they persist (in using drugs) then they should be charged.’’
The former detective said it was time the government and the NSW Police woke up to the fact that current drug policies were simply not working.
“Police are making larger and larger seizures and doing a fantastic job in that department but we are still seeing drug use increase,” he said.
“Stopping the supply is the best way to reduce demand.”
Other serving senior police officers who spoke to The Daily Telegraph on the condition of anonymity said they agreed that the current approach was not working and that it was time to rethink the drugs policy.
Police in NSW have already adopted a policy of using cautions rather than arrests for cannabis users.
The latest NSW Police Force figures show the number of cannabis cautions issued over the past three years has risen by 8.3 per cent a year.
In 2015, 6270 cautions were given out for cannabis use or possession.
Cannabis cautioning was introduced in 2000 after a drug summit found charging people for minor offences was not having the desired effect of reducing usage.
Under the system, a person can only be cautioned twice as long as they do not have prior convictions for drug use, violence or sex offences.
Another retired senior law enforcement officer who agrees with Mr Bingham is former Australian Federal Police commissioner Mick Palmer.
“Young people love forbidden fruit. If some drugs are legalised, there’s not much evidence of an increase in usage occurring anywhere,” Mr Palmer said in a report last week called Australia 21.
“We need a better policy for those who need better protection, like those at rock festivals.
“Support the addicts, who have serious health problems, and arrest and punish only those who need to be arrested — and that includes serious criminal behaviour. For those who are feeding a habit or a psychotic episode, we are not excusing that but we need to deal with it separately.”
The head of the Drug Squad, Detective Superintendent Mick Cook, told The Daily Telegraph he would continue to “work tirelessly to reduce the availability of illicit drugs within our community”.
“This includes targeting the manufacture, cultivation and supply of illicit drugs,” he said.
Det Cook said the biggest problem law enforcement agencies and the courts faced was demand.
“This is not something that we can arrest our way out of,” he said. “Reducing demand is a whole-of-community issue. Law enforcement has a role to play, but there is also a need for education to reduce the uptake of drugs, and it needs to start at home and continue through the formative years.”
NSW Attorney-General Mark Speakman said the government was committed to helping reduce demand and helping addicts get off drugs.
“This year the government is spending $197 million to support alcohol and other drug prevention, harm reduction and treatment services,” she said. “While the cannabis caution scheme works effectively to divert thousands away from court, criminal law ultimately remains a valuable deterrent.”
COMMENT: High time we changed tactics
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NICK BINGHAM
THE debate continues in relation to the decriminalisation and/or legalisation of illicit drugs, with a number of eminent people advocating we have lost the war so we should consider making legal drugs that are currently illegal.
As commander of the NSW Police Force Drug Squad from 2008 to 2014, I’m no stranger to this argument — and while I believe those advocating decriminalisation and legalisation are, in the main, well- intentioned, the matter is so complex there is no simple fix.
What many don’t realise is, in policing terms, it’s not just about locking up drug offenders. In my 31 years of policing I don’t know of one person who has gone to jail for drug possession or use. Sure, there may be a few instances but invariably this will be in conjunction with another, more serious, offence such as break, enter and stealing or robbery.
For those caught using or possessing illicit drugs, we should consider options other than charging and putting them through the justice system. For the amount of police time, court time and ultimate conviction by a magistrate where the sentence is a fine or good behaviour bond there is no “bang for our tax buck”.
More importantly, there is little deterrent in relation to using illicit drugs.
In my view, those who offend by possessing or using small quantities of drugs should be advised to have treatment with the Alcohol and Drug Information Service.
If caught a second time, this treatment is made mandatory.
The work by state and federal agencies and non-government groups in education, health and enforcement involves supply reduction, demand reduction and harm minimisation. These agencies need to be better resourced so drug users can get the assistance they require and have the option to be diverted into programs to cease their drug use rather than just sent into the criminal justice system.
Nick Bingham is a former head of the NSW Drug Squad.
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