WA Police are placing e-scooters outside shopping centres for people to steal, in a “proactive” operation that a human rights advocate says is inducing disadvantaged people to commit crime.
A court transcript obtained by the ABC detailed proceedings in the Armadale Magistrates Court in Perth’s south-east on May 26, when the police operation was brought to light.
The document revealed a 21-year-old man had been charged with stealing an electric scooter that was “property of the Commissioner of Police” and valued at $800.
The incident took place in Bentley on May 3.
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“Police positioned an electronic rideable scooter by the front entrance of a shopping centre as part of a proactive police operation to combat the theft of e-scooters in the area,” the police prosecutor said.
Minutes after the e-scooter was left in position, the 21-year-old turned it on, folded up its stand and rode away — with his actions captured on CCTV, the prosecutor said.
He pleaded guilty to the charge and told the court he “fell in the trap”.
Magistrate Rosemarie Myers labelled the man’s behaviour “stupid”.
“But I have some concerns about the situation that you found yourself in on that day,” Magistrate Myers said.
‘Don’t get caught in trap again’: Magistrate
The court heard the man was apprehended while riding the scooter and had told police: “I took the scooter to get home quicker, I know I shouldn’t have taken it.”
The man’s defence lawyer told the court his client was remorseful.
The magistrate said she had “concerns about the situation” the man found himself in at the shopping centre. (ABC News)
“He’s not working, but he’s on the Youth Allowance. He instructs me he’s looking for a job as well … in the mines,” the lawyer said.
“He grew up in Narrogin with his grandparents and instructs me his grandfather passed away last year, Your Honour, which has impacted his life since then.
“He instructs me his grandmother is [suffering from] cancer at the moment.”
The magistrate handed the man a one-month conditional release order with a fine of $250.
“Don’t get yourself caught in the trap again,” she told the man.
Fears police inducing vulnerable people
Human rights law expert Dr Hannah McGlade said she was disappointed by the operation and feared it would only further clog up courts and prisons with minor offending matters, rather than addressing root causes such as poverty.
“Why would the police be trying to encourage people to actually commit an offence of stealing?” she asked.
“We’re talking about very poor people who are living under the poverty line.
“I think this is very questionable policing practice … and a waste of policing resources.”
Hannah McGlade says the courts should be “very sceptical” of cases involving similar police tactics. (ABC News: Cason Ho)
The man was represented in the proceedings by the Aboriginal Legal Service.
Dr McGlade said Aboriginal people fared worse in the criminal justice system “at every stage” and this kind of police operation could amplify inequality.
“I think the courts should be very sceptical of any matters coming before them where the police have engaged in this kind of tactic,” she said.
“I don’t think we need to be making life harder for people who are already doing it very … tough. We should be supporting and assisting them in their needs.”
Questions around ‘entrapment’
Curtin University senior law lecturer Dr Stephen Monterosso said the incident “sounds like entrapment”, but the courts were left to consider whether evidence obtained that way could be used.
“We don’t really have an entrapment defence in Australia, unlike in America,” he said.
Stephen Monterosso says the case raises questions about civil liberties. (ABC News: West Matteeussen)
“Although our courts do retain the discretion to disallow evidence they feel has been induced by police conduct if you like, or abuse of process.”
Dr Monterosso said it was difficult to find statistics to show whether this method of proactive policing reduced crime.
He said while police have used this tactic for a long time, it raised questions about civil liberties.
Dr Monterosso said while Australian courts were wary of obtaining evidence by “abuse of process”, other police operations required entrapment, including catching paedophiles in online investigations.
“They [police operations] really need to be within the requirements not to exceed any boundaries, the courts retain that discretion to disallow evidence,” he said.
Dr Monterosso said he would be interested to see the yearly police statistics on theft in the district where the e-scooter operation took place.
Police defend ‘lawful tactics’
But WA Police Commissioner Col Blanch strongly defended the tactic.
“I know there’s been commentary about ‘is that ethical?’ Well, I say yes,” he told ABC Radio Perth.
“Victims do ring the police and say, ‘I’m unhappy about this, my scooter is being stolen, what are the police doing about it?’
WA Police Commissioner Col Blanch has strongly defended the “innovative” use of police-owned scooters to catch thieves. (ABC News: Jake Sturmer)
“This is what we’re doing about it.
“What’s the difference between a locked-up scooter owned by the police or a locked-up scooter owned by a young person or an adult parked at the shopping centre?”
Commissioner Blanch said it was good to see “innovative” measures being used to stop crime.
“I say it’s within the law. I’m yet to be proven wrong, but I’m happy for someone to give me an alternative position saying it’s illegal or immoral for police to do,”
he said.
“We’ve had bait cars in the past … police have been doing that for years around the world, including in WA.”
Earlier, in a statement to the ABC, a WA Police spokesperson said seized or forfeited e-rideables were used in police enforcement activities at “zero cost to the community”.
Police declined to say whether the tactic is being used in other districts to catch thieves. (ABC News: Kenith Png)
When asked by the ABC if the operation resulted in a reduction of e-scooter theft, police failed to produce any data.
Police also declined to answer whether the operation was being carried out in other WA Police districts.
The spokesperson said their target e-rideables were secured and the decision to steal them “rests” on an individual, who would be “held to account for their actions”.
“Stealing is classified as a serious offence in Western Australia, punishable by way of heavy fines and a term of imprisonment in some circumstances,” they said.
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