What, if any, safeguards should be included within the legislation or police policy with regard to the use of consorting provisions against homeless people? Issues relating to the offence Should the description of an official warning in section 93X be amended to clarify that it is only an offence to continue to associate with a named convicted offender? What further guidance, if any, should be provided in the Consorting SOPs regarding the content and format of an official warning? What practical strategies can police adopt to assist people who may have difficulty understanding the content of official warnings? Should the consorting provisions require police officers to provide official warnings in writing, in addition to giving an oral warning? Should police officers be able to issue official warnings pre-emptively? If yes, in what circumstances would it be appropriate for police officers to issue warnings in this way? What guidance, if any, should be provided to police officers about the timeframe between an incident of consorting and the issuing of an official warning? Are there any practical ways police can reduce the impact on people’s privacy when issuing official warnings? Should the consorting provisions provide for a process for review of official warnings? If yes, what kind of review process would be appropriate? Should police formally establish an internal review process to assess the validity of warnings upon the request of the person warned? Should the defences to consorting be expanded to include any of the following: consorting between people who live together consorting between people who are in a relationship consorting that occurs in the provision of therapeutic, rehabilitation and support services consorting that occurs in the course of sporting activities consorting that occurs in the course of religious activities consorting that occurs in the course of genuine protest, advocacy or dissent? Should the list of defences be an inclusive list instead of an exhaustive list?
What, if any, safeguards should be included within the legislation or police policy with regard to the use of consorting provisions against homeless people? Issues relating to the offence Should the description of an official warning in section 93X be amended to clarify that it is only an offence to continue to associate with a named convicted offender? What further guidance, if any, should be provided in the Consorting SOPs regarding the content and format of an official warning? What practical strategies can police adopt to assist people who may have difficulty understanding the content of official warnings? Should the consorting provisions require police officers to provide official warnings in writing, in addition to giving an oral warning? Should police officers be able to issue official warnings pre-emptively? If yes, in what circumstances would it be appropriate for police officers to issue warnings in this way? What guidance, if any, should be provided to police officers about the timeframe between an incident of consorting and the issuing of an official warning? Are there any practical ways police can reduce the impact on people’s privacy when issuing official warnings? Should the consorting provisions provide for a process for review of official warnings? If yes, what kind of review process would be appropriate? Should police formally establish an internal review process to assess the validity of warnings upon the request of the person warned? Should the defences to consorting be expanded to include any of the following: consorting between people who live together consorting between people who are in a relationship consorting that occurs in the provision of therapeutic, rehabilitation and support services consorting that occurs in the course of sporting activities consorting that occurs in the course of religious activities consorting that occurs in the course of genuine protest, advocacy or dissent? Should the list of defences be an inclusive list instead of an exhaustive list?
Consorting-Issues-Paper-Questions-for-Consideration.docx