Disproportionate, differential and targeted treatment: people who use drugs’ experiences of policing during the COVID-19 pandemic

Abstract Background During the COVID-19 pandemic, governments worldwide introduced law enforcement measures to deter and punish breaches of emergency public health orders. For example, in Victoria, Australia, discretionary fines of A$1,652 were issued for breaching stay-at-home orders, and A$4,957 f...

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Main Authors: Shelley Walker, Kasun Rathnayake, Paul Dietze, Peter Higgs, Bernadette Ward, Margaret Hellard, Joseph Doyle, Mark Stoove, Lisa Maher
Format: Article
Language:English
Published: BMC 2025-01-01
Series:Health & Justice
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Online Access:https://doi.org/10.1186/s40352-024-00314-4
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author Shelley Walker
Kasun Rathnayake
Paul Dietze
Peter Higgs
Bernadette Ward
Margaret Hellard
Joseph Doyle
Mark Stoove
Lisa Maher
author_facet Shelley Walker
Kasun Rathnayake
Paul Dietze
Peter Higgs
Bernadette Ward
Margaret Hellard
Joseph Doyle
Mark Stoove
Lisa Maher
author_sort Shelley Walker
collection DOAJ
description Abstract Background During the COVID-19 pandemic, governments worldwide introduced law enforcement measures to deter and punish breaches of emergency public health orders. For example, in Victoria, Australia, discretionary fines of A$1,652 were issued for breaching stay-at-home orders, and A$4,957 fines for ‘unlawful gatherings’; to date, approximately 30,000 fines remain outstanding or not paid in full. Studies globally have revealed how the expansion of policing powers produced significant collateral damage for marginalized populations, including people from low-income neighboorhoods, Indigenous Peoples, sex workers, and people from culturally diverse backgrounds. For people who use drugs, interactions with police are commonplace due to the criminalization of drug use, however, little empirical attention has been given to their experiences of pandemic policing; we aimed to address this gap in the literature. Methods We conducted a mixed methods study involving participants of two prospective observational cohort studies of people who use drugs (n = 2,156) in Victoria, Australia, to understand impacts of the pandemic on their lives. Between 2020 and 2022 pandemic-related questions were added to survey instruments; during this period, 1,130 participants completed surveys. We descriptively analyzed the data of participants who reported police interactions related to pandemic restrictions (n = 125) and conducted qualitative interviews with 89 participants. Qualitative data were analysed thematically and integrated with quantitative results. Results 11% (n = 125) of survey respondents reported pandemic-related interactions with police; most (26%) were for breaching curfews and 30% received COVID-19 fines. Qualitative interviewees observed increased policing in street-based drug markets and local neighborhoods; many felt harassed and believed policing practices were targeted and discriminatory. Thirty-eight interviewees received COVID-19 fines; some were fined while homeless or travelling to or from harm reduction services. All lacked the financial means to pay fines, resulting in fear of additional criminalizing effects such as additional financial penalties, court orders, criminal convictions, and incarceration; for some fears became a reality. Conclusion Our study demonstrates how public health emergency responses centred around policing and criminalization exacerbated harms for people who use drugs, with detrimental effects enduring beyond the pandemic. Results provide insights for future public health emergencies, including highlighting the need for responses that protect, rather than abrogate the health and safety needs of marginalized and criminalized groups.
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spelling doaj-art-b54577cb411443a199cf938427f0dde62025-01-26T12:20:14ZengBMCHealth & Justice2194-78992025-01-0113111410.1186/s40352-024-00314-4Disproportionate, differential and targeted treatment: people who use drugs’ experiences of policing during the COVID-19 pandemicShelley Walker0Kasun Rathnayake1Paul Dietze2Peter Higgs3Bernadette Ward4Margaret Hellard5Joseph Doyle6Mark Stoove7Lisa Maher8Burnet InstituteBurnet InstituteBurnet InstituteBurnet InstituteBurnet InstituteBurnet InstituteBurnet InstituteBurnet InstituteBurnet InstituteAbstract Background During the COVID-19 pandemic, governments worldwide introduced law enforcement measures to deter and punish breaches of emergency public health orders. For example, in Victoria, Australia, discretionary fines of A$1,652 were issued for breaching stay-at-home orders, and A$4,957 fines for ‘unlawful gatherings’; to date, approximately 30,000 fines remain outstanding or not paid in full. Studies globally have revealed how the expansion of policing powers produced significant collateral damage for marginalized populations, including people from low-income neighboorhoods, Indigenous Peoples, sex workers, and people from culturally diverse backgrounds. For people who use drugs, interactions with police are commonplace due to the criminalization of drug use, however, little empirical attention has been given to their experiences of pandemic policing; we aimed to address this gap in the literature. Methods We conducted a mixed methods study involving participants of two prospective observational cohort studies of people who use drugs (n = 2,156) in Victoria, Australia, to understand impacts of the pandemic on their lives. Between 2020 and 2022 pandemic-related questions were added to survey instruments; during this period, 1,130 participants completed surveys. We descriptively analyzed the data of participants who reported police interactions related to pandemic restrictions (n = 125) and conducted qualitative interviews with 89 participants. Qualitative data were analysed thematically and integrated with quantitative results. Results 11% (n = 125) of survey respondents reported pandemic-related interactions with police; most (26%) were for breaching curfews and 30% received COVID-19 fines. Qualitative interviewees observed increased policing in street-based drug markets and local neighborhoods; many felt harassed and believed policing practices were targeted and discriminatory. Thirty-eight interviewees received COVID-19 fines; some were fined while homeless or travelling to or from harm reduction services. All lacked the financial means to pay fines, resulting in fear of additional criminalizing effects such as additional financial penalties, court orders, criminal convictions, and incarceration; for some fears became a reality. Conclusion Our study demonstrates how public health emergency responses centred around policing and criminalization exacerbated harms for people who use drugs, with detrimental effects enduring beyond the pandemic. Results provide insights for future public health emergencies, including highlighting the need for responses that protect, rather than abrogate the health and safety needs of marginalized and criminalized groups.https://doi.org/10.1186/s40352-024-00314-4Drug useCOVID-19 pandemicPolicingCOVID finesPenalty noticesPeople who use drugs
spellingShingle Shelley Walker
Kasun Rathnayake
Paul Dietze
Peter Higgs
Bernadette Ward
Margaret Hellard
Joseph Doyle
Mark Stoove
Lisa Maher
Disproportionate, differential and targeted treatment: people who use drugs’ experiences of policing during the COVID-19 pandemic
Health & Justice
Drug use
COVID-19 pandemic
Policing
COVID fines
Penalty notices
People who use drugs
title Disproportionate, differential and targeted treatment: people who use drugs’ experiences of policing during the COVID-19 pandemic
title_full Disproportionate, differential and targeted treatment: people who use drugs’ experiences of policing during the COVID-19 pandemic
title_fullStr Disproportionate, differential and targeted treatment: people who use drugs’ experiences of policing during the COVID-19 pandemic
title_full_unstemmed Disproportionate, differential and targeted treatment: people who use drugs’ experiences of policing during the COVID-19 pandemic
title_short Disproportionate, differential and targeted treatment: people who use drugs’ experiences of policing during the COVID-19 pandemic
title_sort disproportionate differential and targeted treatment people who use drugs experiences of policing during the covid 19 pandemic
topic Drug use
COVID-19 pandemic
Policing
COVID fines
Penalty notices
People who use drugs
url https://doi.org/10.1186/s40352-024-00314-4
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