Project Reduction Legally Flawed

MEDIA RELEASE

Project Reduction Legally Flawed says Fitzroy Legal Service

Footscray Police recently announced "Project Reduction", a pilot program whereby police apply to magistrates for exclusion orders to stop non-resident drug offenders from entering the suburbs of the City of Maribryrnong.

It may be an absurdly reductive approach to a complex problem, but it's certain not "innovative", as described by Footscray Police.

It has been tried before, and it has failed repeatedly, from Cabramatta to Fitzroy.

Zero-tolerance style policing in Fitzroy moved the drug problem from Smith Street to the CBD, then back again, with no benefit to anyone and considerable damage to public health.

Displacement of the drug market encourages numerous high-risk activities such as inappropriate disposal of needles. Meanwhile, drug users are unable to access local rehabilitation and detox services. Local health and outreach workers lose touch with people they've spent a long time trying to connect with and help rehabilitate.

But that's not the only problem. From a legal perspective, it is questionable whether exclusion is necessary, reasonable or indeed consistent with sentencing law and rights to freedom of movement and association. A similar plan failed with forest protestors who challenged bail exclusion zones. Most importantly though, it's up to the Court, not the police, to decide what sentence is appropriate. A Court applying blanket policing policies to sentencing matters without giving consideration to the individual circumstances of each case would be in error.

In Fitzroy, traders, residents and local agencies work collaboratively with local government and police to address the problem through the Yarra Drug and Health Forum. It's a much more effective solution. Simply moving the drug problem along won't make it go away, and we'll find ourselves dealing with a whole new set of problems for years to come. Time to go back to the drawing board.

Contact: Stan Winford
Lawyer / Policy and Project Officer
Fitzroy Legal Service
T: 9419 3744