High Speed Police Pursuits:- Police vehicles a lethal weapon?

Peter Norden AO

Adjunct Professor, RMIT University

Australian & New Zealand Society of Criminology Conference

Sydney University

1st October 2014.

4,000 high speed pursuits each year results in approximately 20 deaths….

Most pursuits involved young males under the age of 25 years

In almost 9 out of every 10 cases, the driver had consumer alcohol, drugs or a combination of both+

.

Victorian Coroner, John Olle (July 2014):

1. The central question has to be:“is the potential outcome worth the risks involved?”

2. What risks do a well informed government and community want to assume, knowing the potential outcome?

Coroner Olle (July 2014) ctd:

“I cannot conceive of many situations where a police pursuit would be justified, as the risks are too high to members of the community”.

“Necessarily excluded would be traffic infringements, intoxicated drivers (who only become more dangerous when pursued) and property offenders”

Coroners Act 2008, Section 72(2):

A coroner may make recommendations on “any matter connected with a death or fire which the coroner has investigated”.

The Act specifically recognises that a recommendation may relate to “public health and safety or the administration of justice”.

Trends & Issues in crime & criminal justice, June 2013, Aust. Institute of Criminology.

Motor vehicle pursuit-related fatalities in Australia, 2000-11.

Matthew Lyneham & Alana Hewitt-Rau

185 fatal pursuit related crashes (218 deaths)26% of deaths were 15-19 years olds88% pursuit deaths: improper use of vehicle 81 innocent people died (37%)

Stolen Motor Vehicles figures57,072 cars stolen in 2012/20134175 pursuits (1295 stolen cars)

So only 2.2% of stolen cars were pursued

Fatal crash rate: 29,000 higher than average for all travel

Non-fatal crash rate: 2,100 higher than average for all travel

Average fatality costs: $2.20 – $3.14 million per pursuit

Average non fatal costs: $25,000 - $35,000 per pursuit

Car trips with Traffic Offences: 2.5bincludes 0.05, speed, belts, texting

4125 pursuits in 2012/2013

57% relating to traffic offences alone

0.0001% of all offences were pursued

Victoria Police ResponseInspectorate Review 2011Evaluation of Pursuits, final report:

Victoria Police’s execution of functions in pursuits is sound and improving.

To place further restrictions on this function would create a pathway to lawlessness or our roads and draw criticism from the wider Victorian community.

Fatalities from police pursuits are less than 1% of our road toll.

Queensland Police Response (2011)

That pursuits will be permitted only where officers have a reasonable belief that a person will create an imminent threat to life, or Has or may committee an act of unlawful homicide or attempt to murder, orHas issued threats to kill any person and has the apparent capacity to carry out the threat, orHas committed an indictable offence prior to an attempt by police to intercept the personandThe imminent need to apprehend the person is considered justified given the risks of pursuing.

(in response to Qld Coroner’s findings in Caitlin Hanrick)

Police Assessment of Risk Procedure:

Victorian Police Academy consultation (2012)

Risk factors considered included time of day, weather, road conditions, traffic, pedestrians…ButPolice members generally did not consider the real or likely threat posed by the target driverBecauseIn almost all situations, they did not know the identity of the driver... Surely, essential to the task of risk assessment?

Australian Institute of Criminology Matthew Lyneham, Research Analyst

Chart of motor vehicle pursuit deaths versus all others Police Operation deaths

Since 2000, deaths in motor vehicle pursuitsrepresent between 45% and 66% of all deaths in police operations each year.Since they occur on public roads, they are more likely to affect members of the community than any other type of policing activity.

Conclusions about high speed pursuit policies that do not include driver’s identity in risk assessment process:

(Given average speed of 129 km/hour)

“The police vehicle is now the most dangerous weapon in the police arsenal… surely a lethal weapon”

Public safety message: “SPEED KILLS”