Music Festivals and Drug Detection Dogs In NSW - Criminal Defence Lawyers Australia

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It’s that time of the year again! The most recent Knockout Outdoor Music Festival has resulted in many charged for drug offences.

However, large scale music events in NSW also tend to have a heavy police presence. It’s important that you know your rights so your festival experience doesn’t turn into a legal nightmare.

The following outlines your rights at music festivals, including rights on entry and if searched, the legality of police use of drug detection dogs, potential drug-related offences as well as how to interact with police if you encounter them at the festival.

Table Of Contents

Your Rights On Entry and Searches
Use of Drug Detection Dogs
NSW Drug Possession Offences
What To Do When Interacting With Police

Your Rights On Entry and Searches

When entering the festival, you may be subject to searches by security guards or police. It is important to know the distinction between your legal rights to searches by private security versus police.

Security guards cannot search you without your consent. However, they may deny you entry if you do not allow your bags to be searched or checked.

In contrast, under section 21 of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW), NSW Police are able to stop, search and detain you without your consent, and without a warrant, if they suspect on reasonable grounds that any of the following circumstances exists:

a person has in his or her possession or under his or her control anything stolen or otherwise unlawfully obtained;
a person has in his or her possession or under his or her control anything used or intended to be used in or in connection with the commission of a relevant offence;
a person has in his or her possession or under his or her control in a public place a dangerous article that is being or was used in or in connection with the commission of a relevant offence,
a person has in his or her possession or under his or her control, in contravention of the Drug Misuse and Trafficking Act 1985 , a prohibited plant or a prohibited drug.

There are two main types of searches police may conduct:

A pat-down search, where the officer runs their hands over the outside of your clothing; and
A strip search where you are required to remove clothing for a visual inspection. This should only be done in private and should only be conducted as a last resort when police it’s necessary and the seriousness and urgency of the circumstances require it.

Police are not allowed to search your internal body cavities as part of a standard search. This type of search can only be performed by a medical practitioner and usually would only occur following a person’s arrest.

Here is more on strip search police powers in New South Wales for more on this topic.

Use of Drug Detection Dogs

Despite little evidence of their effectiveness as a drug detection tool, NSW Police frequently utilise sniffer dogs to detect trace amounts of illicit drugs.

Sniffer dogs will often be deployed at the entrance to a festival. If a drug detection dog sits in front of an attendee, NSW Police will often use this as a sufficient ‘reasonable suspicion’ for a search. This practice has been questioned by legal experts.

If this occurs, you should comply with the search but make it explicit that you do not consent. This preserves your options to challenge the search as unlawful on the basis that a positive drug detection response is not sufficient justification for a search.

A police sniffer dog who indicates that you have illegal drugs on you is generally not enough for a police officer to lawfully search you without a warrant and without there being any other basis to form a reasonable suspicion.

A sniffer dog should not touch you at any point. If one does, it may give rise to a claim of unlawful assault.

NSW Drug Possession Offences

If you are found in possession of an illicit drug you may be charged with an offence under section 10 of the Drug Misuse and Trafficking Act 1985 (NSW).

This offence applies to possession of any quantity of most ‘party drugs’ including cannabis, MDMA, GHB, GBL, cocaine, ketamine, methamphetamine and LSD.

The maximum penalty for this offence is imprisonment for 2 years and/or a fine of $2,000.

If the quantity of party drug possessed is a ‘marketable quantity’, this may be used as evidence to charge you with the more serious offence of drug supply under section 25 of the Drug Misuse and Trafficking Act 1985 (NSW).

This maximum penalty for this offence depends on the quantity of the drug possessed and the court in which the charge is heard, ranging from a $5,500 fine and/or 2 years imprisonment for a ‘small quantity’ heard in the Local Court up to a $550,000 fine and/or life imprisonment for a ‘large commercial quantity’ heard in higher courts.

For small enough amounts of drugs, police can now issue $400 penalty notices, also known as on-the-spot-fines for drug possession offences. As this is discretionary, if issued a penalty notice fine, then upon payment of that fine, not only do you avoid a conviction recorded against you but it also puts an end to the matter completely- unless if you elect to have the matter heard in court.

It’s important to seek legal advice as soon as possible after you have been charged with a drug-related offence.

What To Do When Interacting With Police

If you do end up interacting with the police at the Knockout Outdoor festival or any music festival for that matter, it’s important for you to remain calm.

You have a fundamental right to remain silent when questioned by police. This means that other than providing your full name and address you do not need to answer any questions put to you by NSW Police.

If searched, explicitly state that you do not consent to the search but do not resist physically. If possible, have a friend witness your interactions with police. It is not illegal to film police as long as you don’t interfere with their work.

Stay safe out there and ensure you and your fellow attendees understand your legal rights!

For more tailored advice, book a consult with our of our drug lawyers Sydney team today.

By Jarryd Bartle and Jimmy Singh.

Published on 14/10/2024