Toby was 16 years of age when it was confirmed that he was on an STMP as noted in his police fact sheet in his prosecution for graffiti offences. Toby has also committed some violence offences and his offending is described by his lawyer as a problem for the community.
Police had been a regular part of Toby’s life at an early age in relation to parental domestic violence and have remained a regular part of his life since. Police routinely pulled Toby aside when hanging out with friends – who apparently do not have offending histories; ask Toby to turn out his pockets, and send him on his way. On occasions police would conduct a bail compliance check, despite the fact that Toby did not have an enforcement condition attached to his bail conditions. Toby’s lawyer identified a number of searches have been unlawfully conducted, and also documents many instances of unlawful use of police power.
Toby’s father had spent some time in jail, and on occasion police were reported to have teased Toby about his father. Toby’s lawyer described his experience of being on STMP as a significant barrier to having a normal life that countervailed against Toby’s efforts to study at TAFE and spend time with friends. His lawyer reports that Toby’s movements have been constrained and he feels that he can’t leave the house or go anywhere other than to TAFE.
Police communicated to Toby’s lawyer that Toby’s specific STMP plan included the authority for police to enforce bail conditions and ‘use LEPRA powers when around train stations’. Toby’s lawyer understood this not to refer to police obligations to comply with the provisions of LEPRA when such discretion was exercised, but rather understood it to be a direction to stop and search Toby when police saw him. Toby’s lawyer understands this practice to constitute a fundamental breach of LEPRA.