Below are a set of key safety and rights messages from Project Blue, a joint initiative between New Mardi Gras, ACON and the Gay & Lesbian Rights Lobby.
SAFETY
Here are the top 10 safety tips from ACON for your Safety this Mardi Gras Season.
1. Plan ahead. Get lots of rest and eat well before hitting the town. If you are
attending several events give yourself time to recover in between.
2. Expect to see police. Police and drug dogs may be present at any event over the
Mardi Gras season. Weigh up the risks if you are thinking about using illegal drugs.
3. If you plan to use drugs you can reduce health and legal risks by only
carrying the amount of the drugs that you intend to use yourself.
4. If you are carrying drugs and see police - stay calm. If you decide to take
all your drugs at once so you don’t get busted you may overdose or become ill. It is
safer to dispose of your drugs than risk an overdose.
5. Look after yourself and your mates. Let someone know what drugs
you’ve taken. If someone becomes unwell at an event alert a Rover or
Medical or venue staff immediately.
6. Stay hydrated. Drink 500mls every hour if you are dancing or feeling
warm. Drink 250ml every hour if you are just hanging out.
7. Planning to use G? There are different types of G, and some types can take a lot
longer to come on. Allow plenty of time before having another dose.
8. Using G. If you are using G it is not safe to use other depressant drugs (‘downers’) like alcohol or sleeping pills. Combining depressant drugs greatly increases the risk of overdose.
9. Plan to get home safely. Make sure you have money for a taxi. Let your friends know where you are going if you are leaving with someone you just met.
10. In an emergency. If someone becomes unwell at a private party before or after the event, callan ambulance on 000. Calling an ambulance does not mean that the police will come.
RIGHTS
Recreational drugs are illegal in NSW. If the police catch you with drugs, you may be arrested and charged. If you are found to be supplying drugs, this offence often includes a prison sentence.
What are your rights if the police search you for drugs?
The police have a general power to stop, search and detain anyone that they reasonably suspect has drugs or anything dangerous on them. At big events such as Mardi Gras or Sleaze Ball police are likely to use sniffer dogs to search for drugs.
Where can the police use sniffer dogs?
You can only be searched by a sniffer dog if you are:
- in a pub, club, or any place where alcohol is served;
- at any entertainment event, like sporting events, concerts, dance parties, street parades or music festivals;
- on public transport or at a train station or bus stop.
For the police to use a sniffer dog, you have to be in one of the locations listed above. If you think the police have conducted a search on you using a sniffer dog outside of these areas, you may want to make a complaint about it or report it.
If the police search you for drugs outside of those locations, they will need to have a reasonable suspicion or a warrant. If they don’t have reasonable suspicion or a warrant to search you, the search might be illegal.
What should I do if I’m approached by a sniffer dog?
If you are approached by a sniffer dog, you should try and cooperate with the police. The police must keep the dog under control. The police can’t make you stay in one spot while the dog searches you, but you are generally better off cooperating with the search. The dog should not touch you during the search. If a dog has touched you during a search, you have the right to make a complaint.
What will a sniffer dog do if it smells drugs on me?
Sniffer dogs are trained to sit down next to you if they smell drugs. If a dog sits next to you or otherwise indicates something about you, the police will have reasonable grounds to suspect that you have drugs. The police can then search you.
When can police search me for drugs?
The police need to have a reasonable suspicion that you might have drugs or something illegal to search you. A number of factors could indicate a reasonable suspicion. If a sniffer dog sits down next to you or otherwise indicates something about you, then the police have a reasonable suspicion and can search you.
What should I do if the police search me?
- You should stay calm and be polite to the police. You could be fined or arrested if you swear at the police or if you are violent or aggressive.
- Be cooperative and let the police search you.
- Try to remember where and when the police search you, as well as the name of the police officer involved. You might need this information if you want to make a complaint.
What will the police actually do when they search me?
There are three different ways the police can search you. A frisk search, an ordinary search and a strip search.
If the police frisk search you, they will quickly run their hands over the outside of your clothes. You don’t have to take off any of your clothes. The police might ask you to take off your jacket or outside layers of clothing, but you don’t have to if you don’t want to. If you are happy to take off your jacket or hat, remember that the police can search those items once you have taken them off.
If the police do an ordinary search on you, they are allowed to tell you to remove your jacket or outer layers of clothing. They can’t ask you to remove any more clothing than a jacket or a hat.
A strip search is when the police ask you to take off your clothes to be searched. The police can only do a strip search if they think it is necessary. The police can conduct a strip search if they consider that the situation is serious and urgent.
Strip searches are a significant invasion of your privacy. It is important to know what the police are allowed to do in a strip search. A strip search is only a visual search, so the police can’t touch you. The police are not allowed to:
- Ask you to remove any clothing that is not necessary for the search;
- Touch your body;
- Search any body cavities; or
- Search your genital area.
What are my rights if the police search me?
You have the right to know why the police are searching you, so don’t be afraid to ask them politely. The police have to tell you a few things before they can search you including, that they are a police officer (if they aren’t wearing a uniform), the reason for the search, their name and rank, and the police station they are from. You have the right to ask for this information.
If the police are going to search you, they have to ask for your cooperation, tell you if you’ll have to take off any of your clothes before the search starts, and tell you why you need to take your clothes off for the search.
If the police strip search you they have to make sure that:
- Your privacy and dignity is maintained;
- The search is done as quickly as possible;
- You are allowed to get dressed as soon as the search is finished;
- The search is conducted in a private place, in an area where no one can see you, especially someone of the opposite sex;
- Only an officer of the same sex as you conducts the search;
- They do not ask you any questions while you are being strip searched.
Strip searches should only be done if they are really needed. If the police don’t follow the rules, their search might be illegal. You have the right to complain, and you can make a complaint or get legal advice if the police strip search you and don’t follow the rules.
If the police ask for my details or drivers licence, do I have to give it to them?
If you are searched, and you don’t have drugs on you, the police still may ask for your name and address. You can ask the police whether you have to give your details. If the police say that you have to give your name and address, it is better to cooperate with them. The police may record your details on their database, so only provide them if you have to.
If you are searched and you do have drugs on you, you must give your name and address to the police. You don’t have to say anything else if you don’t want to. You have the right to silence and the right to contact a lawyer or support person.
The police might ask for your ID. You have to give the police your ID if you are under the age of 18 and carrying alcohol, they think you have been involved in or witnessed a serious crime, or you are driving. If you are arrested by the police, you have to give them your name. Police have the power to identify you in any way, including by taking fingerprints.
What can the police do if I’m affected by drugs or alcohol in public?
If you are affected by drugs or alcohol and are behaving in a disorderly manner, the police may try and take you to your home, or to a place where a responsible person can look after you.
If police can’t find a responsible person to look after you they might keep you at a police station until you have sobered up. They can restrain you if they think that you are likely to injure yourself or damage property. If you are taken to a police station while drunk or under the influence of drugs, you should make sure that you’re put in a separate area to people charged with criminal offences.
What is the difference between a small quantity of drugs for personal use and a traffickable quantity?
You should be very careful when looking at different quantities of drugs, because you can never be certain of the strength of any illegal drug. In NSW, drug law looks at the bulk of the drug, not the pure drug. This means that if you have a 600ml bottle with 1ml of fantasy and 599ml of water, the law will consider that you have 600ml of fantasy.
For information on drug law and the different quantities of drugs, you can look at Schedule 1 to the Drug Misuse and Trafficking Act 1985, available at:
http://www.austlii.edu.au/au/legis/nsw/consol_act/dmata1985256/sch1.html
How do I make a complaint about the police?
You can complain to the police or the NSW Ombudsman if you think that the police have illegally searched you or not followed the rules. You can also complain if the police are aggressive, rude or they rough you up.
You can complain directly to the police through your Local Area Commander in the area that you were searched. You can find contact details for the Local Area Commander at http://www.police.nsw.gov.au/
You can make a complaint to the NSW Ombudsman, which is independent from the police and deal with complaints in an impartial way. The Ombudsman can give you advice about your complaint and help you if you have language difficulties or a disability. You can find contact details for the NSW Ombudsman at http://www.ombo.nsw.gov.au/
You should include the following details if you make a complaint:
- Your name;
- Date, time and location of where the police approached you;
- What happened before, during and after the time of the search;
- Did you consent to the search?
- Was any legal action taken against you?
It is a good idea to get legal advice before you make a complaint. This is so that you can find out likely outcomes of a complaint, and make sure you are prepared for the complaint process.
Where do I get legal advice about the police?
You can approach the following organisations for legal advice about how the police have treated you:
- Inner City Legal Centre: http://www.iclc.org.au/
- Your local community legal centre: http://www.nswclc.org.au/
- Legal Aid NSW: http://www.legalaid.nsw.gov.au/
- Law Access: http://www.lawaccess.nsw.gov.au/
