A NSW court ruling found “systemic” issues with police strip-search practices, particularly at music festivals between 2016 and 2022. The ruling stated suspicion of drug possession is insufficient justification for strip-searches, which have been overwhelmingly used for this reason. Advocates are calling for an end to strip-searching minors, following ACT’s lead, and a ban on strip-searches for minor drug possession. The lead plaintiff, unlawfully strip-searched at a festival, was awarded $93,000 in damages. The NSW government may owe significant compensation to other class action members. While the Police Commissioner claims practices have changed, advocates seek legislative reform.

Highlights

Here are the highlights from the article:

* A NSW court ruling found “systemic” issues with how police conduct strip-searches, leading to calls for the practice to be scrapped for young people.
* The ruling stemmed from a class action alleging that the majority of strip-searches at music festivals between 2016 and 2022 were unlawful.
* The court found that police suspicion of drug possession alone is not sufficient grounds for a strip-search, requiring “necessary, urgent and serious” circumstances.
* The judgment may allow individuals unlawfully strip-searched to take legal action beyond just music festivals.
* The lead plaintiff in the class action, Raya Meredith, was awarded $93,000 in damages for an unlawful strip-search in 2018, during which a male officer entered the tent where she was changing.
* Advocates, including the Redfern Legal Centre and the Greens, are urging the NSW government to ban strip-searching of people under 18 without a court order.
* The Greens are also calling for a ban on strip-searches and drug dogs at music festivals.
* The NSW police minister has apologized to Raya Meredith for the unlawful search.
* The new NSW police commissioner claims police practices have changed since 2018 and focus on searching for weapons and drug suppliers.

Okay, here’s a comprehensive rewrite of the article, aiming for the requested length and incorporating the suggested elements:

NSW Strip-Search Ruling: A Systemic Injustice Exposed?

The call for reform echoes across New South Wales. Advocates demand an end to the invasive practice of strip-searching young people, fueled by a landmark court ruling that has unearthed deeply troubling “systemic” issues within the NSW police force. The judgment, delivered by Justice Dina Yehia, has sent shockwaves through the legal and political landscape, raising questions about police accountability and the protection of citizens’ rights, especially those of vulnerable youth.

A Victory in the Supreme Court: But Is It Enough?

The class action lawsuit, spearheaded by Slater and Gordon Lawyers and the Redfern Legal Centre, challenged the legality of the pervasive strip-search practices employed by NSW police at music festivals between 2016 and 2022. The lawsuit alleged that many of these searches, some involving children, were unlawful, an assertion now validated by the court’s findings.

The Core Finding: Suspicion Isn’t Enough

Justice Yehia’s ruling is unequivocal: a police officer’s mere suspicion that a person possesses prohibited drugs “is not sufficient to conduct a strip-search.” This crucial point challenges the very foundation upon which countless strip-searches have been justified.

Statistical Backing: The Drug Suspicion Factor

Data reveals the extent of the problem. A 2019 University of NSW report, commissioned by the Redfern Legal Centre, showed that a staggering 91% of strip-searches conducted by NSW police in the 2018-19 financial year were based solely on the suspicion of drug possession. This statistic underscores the systemic nature of the issue and highlights the urgent need for change.

“What this judgment says is that the current practice has been unlawful, and not just by one officer, but at a systemic level,” – Sam Lee, Senior Solicitor, Redfern Legal Centre

Pat-Down vs. Strip-Search: A Critical Distinction

Justice Yehia clarified the legal boundaries, emphasizing that while a pat-down search might be permissible based on reasonable suspicion, escalating to a strip-search requires a much higher threshold. The circumstances must be demonstrably “necessary, urgent, and serious.” This distinction is critical in safeguarding individuals from unwarranted and intrusive searches.

The Human Cost: Raya Meredith’s Story

The lead plaintiff in the case, Raya Meredith, endured a deeply humiliating and unlawful strip-search at the Splendour in the Grass music festival in 2018. The ordeal began when a drug dog showed interest in her. She was taken to a makeshift tent, ordered to strip, and even forced to remove her tampon. Adding to the indignity, a male police officer entered the tent while she was bent over during the search.

The Award: A Step Towards Justice?

Meredith was awarded $93,000 in damages, comprised of $43,000 in compensation and $50,000 in aggravated damages. The amount of exemplary damages is yet to be determined. While this award offers a measure of redress for the trauma she suffered, it also serves as a stark reminder of the potential for abuse within the system.

The Ripple Effect: Thousands Affected

It remains to be seen what Meredith’s victory will mean for the more than 3,000 other members of the class action. Their stories, like hers, deserve to be heard, and their rights deserve to be protected.

Calls for Systemic Change: Banning Strip-Searches on Children

Sam Lee from the Redfern Legal Centre is urging the NSW government to follow the lead of the Australian Capital Territory (ACT) and prohibit police from strip-searching individuals under the age of 18 without a court order.

The Financial Incentive for Change

Lee warns that if the NSW government fails to amend the legislation and police continue their current practices, the state will face further legal action and financial liabilities.

“If they don’t change the legislation and police continue on with the same practice, then the state is going to be up for more money,” – Sam Lee, Senior Solicitor, Redfern Legal Centre

Political Pressure: The Greens’ Stance

The NSW Greens spokesperson for drug law reform, Cate Faehrmann, strongly supports the call to end strip-searching of children. She also advocates for legislation that explicitly prohibits police from conducting strip-searches based solely on the suspicion of minor drug possession, expressing a lack of faith in the police’s willingness to change their practices without legislative intervention.

A Legislative Proposal

The Greens are actively working on a bill to address these concerns, signaling their commitment to enacting meaningful reform.

“The Greens are offering to work constructively with the Minns government to support sensible laws on this issue, which must start at the very least with banning strip-searches on children,” – Cate Faehrmann, NSW Greens

Beyond Children: Banning Drug Dogs at Festivals

The Greens are also advocating for a broader ban on strip-searches and drug dogs at music festivals, arguing that these practices contribute to a climate of fear and intimidation without effectively addressing drug-related harm.

Accountability and Apologies: Acknowledging the Wrongdoing

The NSW Police Minister, Yasmin Catley, offered an apology to Raya Meredith, acknowledging that the strip-search was unlawful and should not have occurred.

“Yes, I apologise. What happened to Ms Meredith, the police have already acknowledged, was unlawful. It should not have happened to her,” – Yasmin Catley, NSW Police Minister

“Pretty Extraordinary Finding”

Jeremy King, a lawyer specializing in police accountability, described the court’s ruling as “pretty extraordinary,” highlighting the rarity of judges acting on instances of police misconduct.

Police Response: Changes Since 2018?

The new NSW Police Commissioner, Mal Lanyon, stated that police practices have changed since 2018, when Meredith was strip-searched. He claimed that strip-searches are primarily conducted to search for weapons. However, at music festivals, he said the focus is on the supply of prohibited drugs.

The Justification: Saving Lives at Festivals

Lanyon defended the use of sniffer dogs at music festivals, citing the “terrible toll that drugs take” and the loss of young lives. This justification highlights the ongoing tension between public safety concerns and the protection of individual rights.

The Broader Implications: A Call to Action

This landmark ruling has far-reaching implications, not only for those who have been subjected to unlawful strip-searches but also for the future of policing in NSW.

Are you a victim of unlawful strip-search?

If you believe you have been subjected to an unlawful strip-search by NSW police, you may have legal options. Contact a legal professional to discuss your rights and potential avenues for redress.

Take Action Today!

• Share this article: Raise awareness about this critical issue and help others understand their rights.
• Contact your local MP: Urge them to support legislation that bans strip-searching of children and ensures police accountability.
• Support organizations: Donate to or volunteer with organizations like the Redfern Legal Centre, which provide legal assistance to vulnerable communities.

The fight for justice and accountability is far from over. By working together, we can create a more equitable and just society where the rights of all citizens are respected and protected.