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Sections in this issue outline (in order):
1. What they said. 2 The issue at a glance. 3 Background. 4 Internet information links. 5 and 6 Arguments for / against. 7 Further implications on this issue. 8 Newspaper items used in the compilation of the outline.
2003/13: Should Victoria Police continue to conduct high speed pursuits?
What they said ...
'The real concern in some of the cases reported is that the pursuits weren't justified . . . and posed enormous public safety risks to everyone involved'
Darren Palmer , Deakin University police studies lecturer
'People always tend to point the finger at the police if there's any type of pursuit or any individual does the wrong thing, when they really need to look at all the circumstances'
Ray Shuey, former Assistant Commissioner (Traffic)
The issue at a glance
On July 28, 2003, the State Coroner began an inquiry into deaths related to high-speed police pursuits. The four-week inquiry will investigate six deaths associated with pursuits during 2001 and 2002. It is expected to be as far reaching as the police shootings inquiry of almost 10 years ago, evaluating and making recommendations on police policy.
The coroner will investigate the deaths of Simon Lovitt, Carl Vo and Shaun Law in Glen Iris in June 2002; Tristram Rich and Joshua French at Longwood in December 2001 and Pioter Repinski at Wangaratta in November 2001.
The Victorian Criminal Justice Coalition has called for police pursuits to be banned until the Coroner has completed the investigation. The Victorian Police Commissioner, Christine Nixon, has declared such a ban impractical and an incentive to criminals to commit crime.
Background
The advisability of high speed police chases is an issue that arises with regularity in the Australian media, usually triggered by a series of fatalities occurring in the context of such chases.
In 1991 The Australasian Centre for Policing Research produced a report titled, 'Urgent Duty Driving by Australian police: facts and recommendations' The report was prepared by Dr Gerald McGrath. It gave an overview of pursuit procedures in most Australian states and territories and made a series of recommendations.
The first of these recommendations was 'That service policy statements on Urgent Duty Driving generally and pursuits in particular, clearly articulate the need for driving practice to be in accord with the organisation's mission statement to protect life.'
This report appeared to prompt the various state police forces to review their pursuit procedures. Such a review was conducted by Victoria Police.
Victoria Policy developed a 'safety-first' policy for pursuits. However, critics have claimed the review was not sufficiently open to public scrutiny and that its policy emphasis is not supported by the pursuit guidelines which allow the pursuing officer to determine whether an incident is sufficiently serious to warrant giving chase.
Continuing fatalities have seen the State Coroner, Graeme Johnstone, call on Victoria Police to review its guidelines to dramatically limit the number of offences for which pursuit would be allowable.
Some groups, including the Victorian Criminal Justice Coalition, have called for a ban on police pursuits.
Victoria Police have continued to justify their current position by arguing that banning or significantly reducing the power of police to give chase would effectively be a cart blanche for many sorts of crime.
Internet information
In 1991 The Australasian Centre for Policing Research produced a report titled, 'Urgent Duty Driving by Australian police: facts and recommendations' The report was prepared by Dr Gerald McGrath. It gave an overview of pursuit procedures in most Australian states and territories and made a series of recommendations.
The first of these recommendations was 'That service policy statements on Urgent Duty Driving generally and pursuits in particular, clearly articulate the need for driving practice to be in accord with the organisation's mission statement to protect life.'
The full report can be found at http://www.acpr.gov.au/pdf/ACPR115.pdf
This is a 56 page document, however, it is well indexed and readers unable to read the whole report will benefit from reading from it selectively.
In December 1991 The Federation of Community Legal Centres (Victoria) produced a report titled, 'Thrills and Spills - A Report on Police High Speed Pursuits and Public Safety'.
Though uniformly critical of the procedures adopted by Victoria Police, this is a clear and informative document.
It can be found at http://www.fitzroy-legal.org.au/ctyrepts/thrillsp.htm
On June 23, 2002, The Age published an editorial titled, 'Chasing certainty at high speed' The editorial was written in response to three of the deaths currently being investigated by the State Coroner. It gives an interesting overview of the issue. It can be found at http://www.theage.com.au/articles/2002/06/22/1023864513871.html
A Google cached version of the same editorial can be found at http://www.google.com.au/search?q=cache:I0mQE2YXTQsJ:www.theage.com.au/articles/2002/06/22/1023864513871.html+%2B%22Chasing+certainty+at+high+speed%22&hl=en&ie=UTF-8
On June 21, 2002, a comment by Darren Palmer, a lecturer in police studies at Deakin University, was published in The Age. The comment is titled, 'A rethink please, on police pursuits' Mr Palmer also gives a valuable overview of the issue and makes a number of criticisms of the manner in which Victoria Police's pursuit guidelines are implemented.
The comment can be found at http://www.theage.com.au/articles/2002/06/20/1023864477175.html
A Google cached version of the same comment can be found at http://www.google.com.au/search?q=cache:eh_OpWxvra0J:www.theage.com.au/articles/2002/06/20/1023864477175.html+A+rethink,+please,+on+police+pursuits&hl=en&ie=UTF-8
On June 21, 2002, The Age published a news report titled, 'Nixon defends police pursuits as a deterrent'. It gives the Chief Commissioner's justification of police pursuits. It can be found at http://www.theage.com.au/articles/2002/06/20/1023864477887.html
A Google cached version of the same report can be found at
http://www.google.com.au/search?q=cache:sUlXGvo8DFoJ:www.theage.com.au/articles/2002/06/20/1023864477887.html+%26%238216%3BNixon+defends+police+pursuits+as+a+deterrent%26%238217%3B&hl=en&ie=UTF-8
On June 20, 2002, John Silvester produced an analysis of the police pursuit issue. It is titled 'Police and their split-second choices'
It can be found at http://www.theage.com.au/articles/2002/06/19/1023864455078.html
A Google cached version of the same analysis can be found athttp://www.google.com.au/search?q=cache:fLEmTETsyL4J:www.theage.com.au/articles/2002/06/19/1023864455078.html+%26%238216%3BPolice+and+their+split-second+choices%26%238217%3B&hl=en&ie=UTF-8
On June 20, 2002, a report written by Padraic Murphy, John Silvester Steve Butcher and Gary Tippet was published in The Age. The report is titled, 'Police warned on chases'
It outlines the State Coroner, Graeme Johnstone's, concerns regarding the pursuit practices of Victoria Police.
It can be found at http://www.theage.com.au/articles/2002/06/19/1023864455429.html
A Google cached version of the same report can be found athttp://www.google.com.au/search?q=cache:sphT0xkyKzIJ:www.theage.com.au/articles/2002/06/19/1023864455429.html+%26%238216%3BPolice+warned+on+chases%26%238217%3B&hl=en&ie=UTF-8
Uphold the Right is a site produced by a pair of serving officers with Victoria Police. It is produced as an informal and unauthorised public information site, aimed particularly at young people interested in joining the force. It gives a detailed account of Victoria Police's Urgent Duty Driving training.
This information can be found at http://www.upholdtheright.com/mds.htm
Arguments against a ban on police pursuits
1. A ban on police pursuits would give criminals licence to do as they wished.
This point has been made by former Victorian Assistant Commissioner (Traffic) Ray Shuey, who has stated, 'If you have a situation where there's a no-pursuit policy or concept there, the criminals will take over the whole of the community because they'd know they only had to go faster than a certain speed limit and police wouldn't engage in any sort of interception.'
Former Western Australian Commissioner, Bob Falconer, has also argued that police must be able to become involved in high-speed chases. Mr Falconer has stated, 'A no-pursuit policy only allows offenders to know they can avoid apprehension by speeding.'
Victorian Police Commissioner Christine Nixon has stated, 'It's a matter of a deterrence effect that people know we will pursue them if they're driving stolen motor vehicles or committing other serious offences.'
In a letter to the editor published in The Age on September 18, 2002, Geoff Schmidt noted that the responsibility in a police chase rested with the perpetrator. Mr Schmidt stated, 'Police do not force anybody to speed in an attempt at evasion, nor do they compel anyone to slam a fleeing car into an immovable object. When are we, as a society, going to start demanding that people be held responsible for their own actions?'
2. There are operational procedures in place to protect the community and those being pursued
Assistant Commissioner (Traffic) Ray Shuey has stated that under present procedures, the police control room was notified of all pursuits from the moment of engagement.
Victoria Police have developed a "trigger point" system that includes a priority system depending on the severity of suspected crime. Police chasing a bank robber have more flexibility than police chasing the driver of a suspected stolen car.
The decision to abort a pursuit is left to operational police. Once a chase is declared, a sergeant or senior sergeant in the area is designated the pursuit controller or supervisor.
The radio channel is cleared and the chase can be called off if either the police driver or pursuit controller considers it too dangerous.
Police are told to balance the need for apprehension against the risk to the community.
Victorian Police Commissioner Christine Nixon has stated, 'We do it carefully and we monitor it and we hope that we'll be able to convince the community that it is an efficient and effective system for police.'
3. Police are trained to conduct high speed pursuits
Before a police member can drive a police vehicle, they must hold the appropriate Departmental Driving Authority (in addition to a valid Victorian driver's licence). The training and testing of members for these authorities is the job of the Motor Driving School (MDS).
MDS runs a number of different driving courses including:
Standard Operational Car Course
Advanced Driving Course
Four Wheel Drive Course
The instructors are all police members, and all are trained in various instructional techniques and are required to complete the same course that civilian driving instructors undertake. They must also understand the emergency vehicle provisions as they apply to police and Urgent Duty Driving. They need to understand the risks faced by operational members on the roads. They are all highly skilled drivers and many are recreational motor racing drivers.
All police officers must complete the standard operational car course. The advanced driving course must be completed by all officers who wish to act as traffic management unit members.
4. There are complaints procedures in place if police are believed to have conducted inappropriate pursuits
Wherever a fatality occurs in the context of a police pursuit, the incident is investigated by the coroner, the police ethical standards department and the major-collision investigation unit.
Wherever a significant collision occurs after a police pursuit that does not result in a death, the incident is investigated by the police ethical standards department and the major-collision investigation unit.
The police can conduct formal internal investigations into allegations of police misconduct or criminal behaviour. Such an allegation should be made to the police ethical standards department. Any inappropriate pursuit would be regarded as misconduct and could be referred to the ethical standards department. Any member of the public is entitled to request that a pursuit be investigated.
Tapes of the conduct of the pursuit, as reported to and directed by the pursuit controller, can be made available as evidence for the coroner's court, the police ethical standards department or the major-collision investigation unit.
5. There are guidelines in place to determine when a police officer should drive beyond the speed limit.
Under Rule 305 of the Road Rules Act, police and emergency vehicles are exempt from speed limits only if they are engaged in situations such as the pursuit of a vehicle or attending urgent calls for assistance.
In 2001, police vehicles were caught speeding 1171 times by traffic cameras across the state. After police investigations, 1051 were found to be legitimately covered by the legislation. In the remaining 120 incidents all officers were issued with infringement notices.
At least one officer had his licence suspended after exceeding the speed limit by more than 30kmh.
Even when on urgent duty police must not drive in a manner or at a speed that is dangerous to the public as to do so may leave them liable to criminal prosecution.
A pursuit should be undertaken only as a last resort when there is no other means of apprehension and when the seriousness of the offence appears to warrant this action.
The pursuit is to be terminated when the potential danger outweighs the need to apprehend. When making this decision consideration is to be given to the gravity of the original offence, the age and competence of the driver being pursued and the prevailing weather and traffic conditions.
The decision to terminate the pursuit can be made by either the officer controlling the pursuit or the officer conducting it.
Arguments supporting a ban on police pursuits
1. Police pursuits put lives at risk
In a report on police high speed pursuits and public safety published in December 1991and titled, 'Thrills and spills', the Federation of Community Legal Centres (Victoria)) stated, 'Police accident records reveal there have been 194 pursuit mode collisions involving police vehicles in Victoria from 30 June 1990 to [December 1991] resulting in 31 civilian and 20 police injuries and three civilian deaths.
This means that there is an average of almost two pursuit collisions per week. It is not only the police and suspects who are endangered, but any road user may be put at unjustifiable risk.'
Darren Palmer, a lecturer in police studies at Deakin University, has claimed, 'In the early 1990s most deaths in police custody in Australia occurred in police stations or "close contact" operations (mostly raids and shootings), today most "deaths in police custody" occur as a result of high-speed pursuits.'
At the current series of inquests into the deaths of six young Victorian men counsel assisting the coroner, Colin Hillman, revealed that 23 deaths had resulted from 15 police pursuits between 2000 and 2002.
It is further noted that both police and civilian lives are put at risk. Across Australia, between 1992 and 1995, 139 police were injured as a result of car chases. A NSW police report in the early 1990s found high-speed chases were the greatest cause of police deaths.
2. Police are inadequately trained to conduct pursuits
Critics have argued that ten days' training is not sufficient to prepare police recruits for the demands of 'urgent duty driving'.
The Fitzroy Legal Centre in a report prepared in 1991 stated, 'Driver training for police, recruited at 18 years of age, currently consists of a two week (ten day) driving course comprising several days lectures, some low speed driving at the Attwood driving track and skid pan, several days driving in the suburbs, and one day at Calder raceway doing mock pursuits and learning evasive action skills. ' The report concluded, 'This practical training actually encourages use of high speed.'
The report further claimed that the youth and relative inexperience of many police officers meant that some were clearly unable to demonstrate the judgement and restraint required in a pursuit situation.
It has further been claimed that the training received by those who oversee pursuits is also inadequate. The State Coroner, Mr Johnstone was told that police received less than a day's training before qualifying to oversee high-speed pursuits and subsequently have few opportunities to practise their skills.
Senior Sergeant Klinge, who last year oversaw a pursuit which resulted in the deaths of three youths, claimed that police received "not a whole lot" of police pursuit training.
At the current series of inquests into the deaths of six young Victorian men, one of the officers involved in monitoring a pursuit similarly said of his training that 'Setting aside other management skills, we would have covered pursuits in less than a day.'
3. The police do not always conduct pursuits for appropriate reasons.
The Victorian Criminal Justice Coalition has argued that individual police officers and their superiors do not always adhere to the guidelines supposedly governing pursuits. The Coalition's spokesperson, Father Peter Norden, has claimed that the police have established good operational policies and procedures to deal with high speed pursuits but do not always follow them in particular incidents.
The Victorian Criminal Justice Coalition has repeatedly disputed that Victoria Police officers have followed their own guidelines when conducting a pursuit that resulted in death or injury.
There are those who further argue that the guidelines themselves are inadequate and allow far too much discretion to individual officers. This position has been put by Darren Palmer a lecturer in police studies at Deakin University.
Mr Palmer has argued, 'Victorian police involved in pursuits are asked to make judgments concerning the "necessity" of the pursuit and whether the risks are justified.' He is concerned that such judgements can be made on the 'mere suspicion' that a crime has been committed. He is also concerned that officers are able to conduct a pursuit in response to a traffic infringement or the desire to identify a stolen vehicle.
Palmer asks, 'What makes a matter "serious"?' He then replies, 'Police operating procedures do not say; this is left to the subjective judgment of individual officers.'
Many do not consider this situation adequate. Father Peter Norden of the Victorian Criminal Justice Coalition has stated, 'We have approached the chief commissioner's office to suggest that the ... protection of human life should be always the number one priority in any police operation or response.'
4. The basis on which pursuits are ordered and conducted is not open to public scrutiny
In 1991 an internal review was conducted by Victoria Police to examine police car chase procedures. Critics have complained that the review did not seek community consultation and did not address wider community concerns about the validity of high speed chases.
In the same year it was revealed that Victoria Police kept inadequate records to allow public scrutiny of their pursuit procedures. The statistics that were available showed only the numbers of police and civilians killed or injured as a result of a collision.
There was no information collated to show civilians killed or injured who were passengers in the pursued vehicle; persons killed or injured who were not involved in the pursuit; the ages of those killed or injured; the age of the driver of the police vehicle or the alleged offences for which the police were pursuing.
Comments made by Darren Palmer, a lecturer in police studies at Deakin University, suggest that not enough has changed in the intervening eleven years. Mr Palmer claims, 'Only detailed analysis of particular cases will tell us the extent to which police follow proper procedures and the adequacy of these procedures ... Has such research been conducted ...? If so, now would be the time to share the results with the community.'
5. Inadequate equipment and technical difficulties increase the danger of pursuits
State Coroner Graeme Johnstone was told in testimony on August 5, 2003, that 'substandard' radio communication between police and their communications centre, D24, hampered the pursuit of a stolen car that crashed, leaving two teenagers dead.
Senior Sergeant Laurie Soyer told the inquest that the headsets D24 operators used 'have been identified as a problem' as they emitted a 'fuzzy noise'.
Wangaratta D24, which was handling the pursuit, was undermanned, and did not have a computer-operated dispatch system.
Further implications
The State Coroner, Graeme Johnson, will deliver his findings on the three inquests he is currently conducting by the end of August. The six deaths he is investigating all came about in the context of high speed police pursuits.
It is unlikely that the Coroner will recommend that police pursuits be banned completely. However, given the testimony he has heard, he is likely to recommend changes to police training procedures designed to ensure that both the officers who conduct pursuits and those who oversee them are better trained.
The State Coroner is also likely to renew his call that Victoria Police review its guidelines determining the circumstances under which pursuits are justified. Critics of the operation of police pursuits in Victoria compare the regulations applying in this state with those in South Australia.
South Australian procedures relating to car chases are quite detailed and stipulate that car chases are only justified in emergencies involving obvious danger to human life and after the detection of very serious crime. Neither traffic offences nor car theft are classed as very serious crime and so neither would, of themselves, justify a police pursuit. The South Australian guidelines also provide that a pursuit is to be terminated when the necessity of immediate apprehension is outweighed by dangers of continuing and when the identity of the driver/ occupants is known, enabling apprehension to occur later.
The Victorian State Coroner has previously recommended that Victoria Police review its guidelines so that police pursuits are only authorised when they are undertaken to counter a clear risk to human life, as in a hostage situation. It seems likely that such a recommendation will be made again.
How Victoria Police might react to any such recommendation remains to be seen. The Chief Commissioner, Christine Nixon, is a clear supporter of the right of police to conduct pursuits. One of the justifications she has given is that the likelihood of police pursuit is a deterrent to crime. It seems unlikely that she would be happy to see the definition of pursuable offenders limited to those who have committed only crimes involving an obvious threat to lives.
Sources
The Age
20/7/03 page 3 news item by Andrew Webster, 'Tragedy ends deadly chase'
27/7/03 page 11 news item by Renee Barnes, 'Inquiry targets police pursuits'
29/7/03 page 3 news item by Ian Munro, 'One day's training to oversee chases'
30/7/03 page 8 news item by Ian Munro, 'Coroner told of crash after chase'
5/8/03 page 2 news item by Jamie Berry, 'Crash survivor tells of 200km/h police chase'
6/8/03 page 4 news item by Jamie Berry, 'Coroner told of "scratchy" police radio'
The Herald Sun
20/7/03 pages 4 and 5 news item by Ian Haberfiekld and Shelley Hodgson, 'Gas assault ends truck siege'
29/7/03 page 12 news item by Katie Lapthorne, 'Car theft tragic end'
7/8/03 page 17 letter from Shane Richardson, 'Black boxes for cop cars'