A NSW Police intelligence program that uses secret algorithms to identify suspects who may commit a “future crime” is disproportionately targeting young people and Aboriginal and Torres Strait Islander people, according to a comprehensive new report.
The ‘Policing Young People in NSW’ report was published by the Youth Justice Coalition, a network of youth workers, lawyers, academics and policy experts. It was written by Dr Vicki Sentas, an academic at the University of New South Wales, and Camilla Pandolfni, a solicitor at the Public Interest Advocacy Centre.
The report is the first comprehensive look at the Suspect Targeting Management Plan (STMP), a NSW Police program that “seeks to prevent future offending by targeting repeat offenders and people police believe are likely to commit future crime”.
The STMP involves the use of “risk assessment tools” and algorithms that take into account a series of “risk factors” to identify potential future criminals. Suspects in the program are categorised on a scale from “low risk” to “extreme risk” and then targeted by police officers through regular house visits and the use of stop and search powers.
The criteria used to identify suspects is not publicly available, and individuals targeted through the STMP are not notified of the reasons behind their risk categorisation. The whole program is managed internally by the police and there are no specific laws or regulations governing its operation.
The preliminary findings based on this research are:
* Disproportionate use against young people and Aboriginal people: Data shows the STMP disproportionately targets young people, particularly Aboriginal and Torres Strait Islander people, and has been used against children as young as ten.
* Patterns of ‘oppressive policing’ that may be damaging relationships between police and young people: Young people targeted on the STMP experience a pattern of repeated contact with police in confrontational circumstances such as through stop and search, move on directions and regular home visits. The STMP risks damaging relationships between young people and the police. Young people, their families or legal representatives are rarely aware of criteria used to add or remove people from the STMP. As the case studies show, young people experience the STMP as a pattern of oppressive, unjust policing.
* Increasing young people’s costly contact with the criminal justice system and no observable impact on crime prevention: The STMP has the effect of increasing vulnerable young people’s contact with the criminal justice system. Application of the STMP can be seen to undermine key objectives of the NSW youth criminal justice system, including diversion, rehabilitation and therapeutic justice. The research has identified several instances where Aboriginal young people on Youth Koori Court therapeutic programs have had their rehabilitation compromised by remaining on the STMP. There is no publicly available evidence that the STMP reduces youth crime.
* Encouraging poor police practice: In some instances, the exercise of police search powers in relation to a young person on the STMP have been found unlawful by the courts. The STMP may be inadvertently diminishing police understanding of the lawful use of powers (set out in the Law Enforcement Police Powers and Responsibilities Act 2002 (NSW) (LEPRA)) and thereby exposing police to reduced efficacy and civil action. * No transparency and an absence of oversight, scrutiny or evaluation: The operation of the STMP is not transparent or accountable. Criteria for placement on the STMP are not publicly available, individuals cannot access their STMP plan and it is unclear what criteria are used by police to remove a person from the STMP…..
Based on the research and findings presented here, the report recommends that:
1. NSW Police discontinue applying the STMP to children under 18. Children suspected of being at medium or high risk of reoffending should be considered for evidence-based prevention programs that address the causes of reoffending (such as through Youth on Track, Police Citizens Youth Clubs NSW (PCYC) or locally based programs developed in accordance with Just Reinvest NSW), rather than placement on an STMP.
2. NSW Police make the STMP policy and operational arrangements publicly available to enable transparency and accountability.
3. NSW Police amend the STMP policy so that any person considered to have a ‘low risk’ of committing offences not be subject to the STMP.
4. NSW Police amend the STMP Policy to mandate formal notification by police to any individual placed on a STMP, including reasons for placement on the STMP and the date of next review. Subsequent notifications to individuals on an STMP should outline the outcome of the review and reasons for the STMP being maintained or discontinued.
5. NSW Police make data on the STMP publicly available through the NSW Bureau of Crime Statistics and Research (BOCSAR). Available data should include demographic information (age, Aboriginal or Torres Strait Islander status, ethnicity, Local Area Command LAC), as well as data on the length of time enrolled in the STMP and the category of risk determined.
6. NSW Police commission BOCSAR to evaluate whether the STMP is reducing youth crime.
7. NSW Police provide all police officers with formal training on the STMP which:
i. Clarifies its status as an intelligence tool;
ii. Provides guidance on the criteria for inclusion and exclusion from the program and the alternative programs available;
iii. Sets out its operational requirements, and limits; and iv. Provides guidance on the relationship of the STMP to the law. For example, training should clarify that a persons’ inclusion on an STMP cannot provide a basis for grounding a reasonable suspicion (either on its own or together with a number of other factors) under LEPRA.
8. The Law Enforcement Conduct Commission (LECC) conduct a comprehensive review of the STMP.1 The terms of reference of the recommended LECC review should include consideration of whether the STMP:
i. is effective and appropriate in dealing with the risk of offending in young people under 25 and children;
ii. is effective and appropriate in dealing with the risk of offending in adults;
iii. is effective and appropriate in relation to other vulnerable people (as defined in clause 28 of the Law Enforcement (Powers and Responsibilities) Regulation 2016), including those with impaired intellectual or physical functioning, Aboriginal and Torres Strait Islander peoples and persons from non-English speaking backgrounds;
iv. is consistent with NSW policy and practice for juvenile justice including principles of diversion from the criminal justice system as well as NSW law, including the Young Offenders Act 1997 (NSW), and the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW); and
v. is consistent with NSW Police policies and practices for policing children and young people, including the NSW Police Force Youth Strategy, as well as the Aboriginal Strategic Direction and Aboriginal Action Plans, the NSW Domestic Violence Strategy, the NSW Police Disability Inclusion Action Plan and all other policies and procedures regarding vulnerable persons.
In the course of the review, the LECC should consult with other professional disciplines such as mental health practitioners, Family and Community Services Managers, the Department of Justice, and community workers about best practice in diversion, crime prevention and the needs of young people.
Finally, this report is the first publicly available study about the STMP. The unjustified secrecy around the STMP has prevented appropriate, transparent, program evaluation and more thorough examination of the impact the STMP is having on young people, crime prevention and police practice. This report’s conclusion that the operation of the STMP is likely to be having damaging effects on young people is compelling grounds for further investigation and external scrutiny.
