Policing
We welcome the recent acknowledgement of the connection between systemic racism within Victoria Police and the over-representation of First Nations people in the criminal justice system by Chief Commissioner Patton to the Yoorrook Justice Commission.
Police have also repeatedly stated, “we can’t enforce or arrest our way out of [this] problem.”
The impact of police practices – including discriminatory policing and over-policing – on over-representation cannot be overstated. Police are the gate-keepers of the criminal justice system: they are invariably the first point of contact with the system, and of potential criminalisation. Their decisions, and their use of discretion or diversion, can directly affect which young people enter the system.
Next Steps
To end over-representation in the criminal justice system, we are asking the government to act:
Ask twenty
As Part of Ask 2, the Victorian Government establish a culturally safe independent Police Ombudsman to investigate all police complaints including racial discrimination, the unjustified use of police power, excessive force and duty failure in family and sexual violence cases. All young people making complaints should be assisted and supported in making their complaint in a gender, culturally and trauma sensitive way. The Police Ombudsman must be independent, effective, prompt, transparent and prioritise and support the interests of complainants.
Ask twenty-one
Victoria Police prohibit police operations that either by design or outcome proactively target young people from diverse backgrounds or are based on predictive risk databases. Where concerns are raised about crime in particular youth communities, support community, youth services and schools in those areas to proactively engage and support young people to address the drivers.
Ask twenty-two
The Victorian Government legislate to prohibit police ‘targeted interactions’ (interactions where police ask questions such as ‘where are you going’, ‘what are you doing’, ‘what is in your bag’, ‘what is your name’ etc) unless the police have reasonable grounds to suspect that a particular individual is involved with a particularised crime.
Ask twenty-three
Victoria Police embed in the Vic Pol Youth Strategy the understanding that: Crime is a community issue, not a police issue and formally commit to actively contributing to an ending of the over-representation of First Nations children and young people; multicultural youth, girls and young women with complex needs and children in residential care including policies and practices that criminalise them.
Ask twenty-four
In furtherance of Ask One, Victoria Police rethink and review how young people are policed starting with consolidating all guidance relating to welfare checks, child witnesses, victims and those who have been accused of a crime, including investigation and media interaction into a single Victoria Police Manual (VPM) chapter.
Ask twenty-five
Victoria Police, DFFH, DH and DE in consultation with relevant community-based peak bodies, mainstream and culturally specific grassroots organisations commit to ending police as first respondents for young people (10-25 year olds). Instead, health, education and community services respond to young people to provide therapeutic, practical and social supports to ensure all young people can engage in civic life pro-socially.
Ask twenty-six
DJCS DH, DFFH, Office of Youth, Family Safety Victoria create local, community-based safety, 24/7 homelessness and mental health rapid response teams without police involvement at first instance. Teams to be trauma informed and trained in de-escalation. (See e.g. Youth Projects – Foot Patrol, New York City Be-Heard and Community Night Patrols).