Moratorium needed on minor offenses during COVID-19: ALA
A moratorium on the prosecution of low-level street and drug offences should be implemented immediately during the COVID-19 pandemic so that police can focus on assisting the community to keep it well and safe, Australian Lawyers Alliance (ALA) says.
“We need to minimise the number of people coming into contact with the criminal justice system during this public health emergency,” said Andrew Christopoulos, national president, ALA.
According to ALA, police resources should not be spent on minor matters, such as drug offences, but instead directed towards facilitating the public health outcomes that we are all working towards.
ALA has supported the calls from the Flemington Legal Centre’s Police Accountability Project this week to ensure that police prioritise public health needs and human rights, and avoid unnecessary and potentially harmful police interactions during this health crisis.
The police accountability report had called on the urgent need to reduce the number of people coming into contact with the criminal legal system during this unprecedented public health emergency.
The report said that the continued expansion of law enforcement authority, no matter how justified by circumstances, can expand the opportunities for abuse and lead to the violation of rights, particularly those of communities who are already experiencing a disproportionately high level of discriminatory police interaction.
The ALA said that they are aware of many people in the community who are finding it very difficult to follow the new COVID-19 public health orders because they simply don’t have anywhere to live, or they have a drug dependency and are fearful of prosecution.
“The government could improve the effectiveness of our crisis response by announcing a general amnesty on prosecution for the possession and use of controlled drugs for those who disclose to police or health workers that they are drug users,” said Mr Christopoulos said.
According to Mr Chirstopopolus, putting a stop to the policing of low-level offences among people who are homeless would be helpful during this emergency – those without permanent housing would need government support to “enable them to follow the new social distancing rules, not prosecution.”
“It is the vulnerable people in our community who are most likely to be negatively impacted by the police enforcement of minor offences during this crisis,” Mr Christopolous said.
“A moratorium on these offences would enable more positive interactions between police and the community, and focus the efforts of the police on the health and safety of everyone.”