CLA
Civil Liberties Australia
- Printed on Saturday 04 February 2012 from http://www.cla.asn.au/0805/index.php/accessjustice/
CLA's policy on Access to Justice

All citizens must have equal access to a fair and honest justice system, where individual and groups rights are safeguarded without fear or favour. Any court or tribunal must be independent, and free from external pressures. There must be adequate access for all to the justice system, or human rights are compromised.

Double jeopardy: CLA does not support legislation which permits charging a person twice for the same offence.

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Justice

On the death of a mother and her children…

Article posted on Thursday 19 January 2012

The anomalous situation of the Family Court in WA, and the need for better resourcing of family courts everywhere, are poignantly highlighted after the tragic deaths of a mother and her two children from a family caught in a long-running dispute. Peter Dowding explains the court's problems...

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Extradition to US is doubly doubtful

Article posted on Wednesday 18 January 2012

Mark Summerfield, a patent attorney, analyses the current UK alleged piracy/copyright extradition case with major international ramifications. As well, there's links to the NYT coverage of proposed new US laws which are even more draconian, and to an SMH story of the real-life experience of an Australian extradited and jailed in the US for a similar 'offence'.

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Principle is not for breaking

Article posted on Thursday 12 January 2012

I see that persistent apologist Jim Unkles is pushing new Attorney-General Nicola Roxon to act on pardoning the Boer War multiple murderers Harry Morant and Peter Handcock. He is offering to "brief her – that is, present his version of the 1901 court martial – claiming a miscarriage of justice took place in 1901.

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Law & order adjudged to need evidence

Article posted on Tuesday 10 January 2012

Just like any other government initiative, law and order measures – such as extra police, tougher penalties, etc – should be evaluated for cost-benefit success or cost-effectiveness by an independent agency, says crime bureau chief Don Weatherburn. And he says, we need a better informed public and more rigorous scrutiny by the media.

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More police powers? No!

Article posted on Saturday 07 January 2012

Police

In spite of immensely powerful criminal laws, police always lobby for 'tougher laws' and 'steeper penalties' whenever a nasty crime hits the headlines, even when crime is rapidly falling, says Dr Buck Emberg. They should just get on with it, he says, and deliver simple law and order to the people who pay their salaries.

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Moti: Australia on trial..and guilty as hell

Article posted on Thursday 08 December 2011

Julian MotiThe High Court has ruled that the Australian government – diplomats and police mainly – abused legal processes in assisting the deportation of Julian Moti, former Attorney-General of the Solomon Islands, to Brisbane to face age sex tourism charges. Moti is now free to seek an apology and compensation for the politically-inspired misery visited on him for four years. The Moti Farce marked a low point for the Howard/Downer axis in foreign affairs, writes CLA's CEO, Bill Rowlings.

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Bail law reform should follow declaration

Article posted on Thursday 01 December 2011

Human rights law works best when it tweaks the ordinary law to be more uniform, fair, and understandable by the average citizen. In the ACT, the Legislative Assembly has its first chance to achieve those tri-aims by reforming the Bail Act: Human Rights Commissioner Dr Helen Watchirs makes out the case for positive legislative action.

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Such is the uneven quality of justice in Oz

Article posted on Monday 28 November 2011

Government attempts to tackle the Mr Bigs of crime in Australia often end up punishing the Mr and Mrs Littles and their innocent children. At a parliamentary hearing, CLA CEO Bill Rowlings has called for uniform justice throughout Australia, laws which meet the high standards of international convention obligations we have signed, and removing mandatory clauses which prevent judges exercising the full range of punishment options.

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Nashiri: US torture of legality continues

Article posted on Friday 11 November 2011

USS ColeThe USA is twisting time and reality – and torturing its own legal system – in trying to prosecute a man, Nashiri, before a military commission for a "war crime". The Saudi allegedly masterminded the bomb attack on the USS Cole warship in a Yemeni port in October 2000, which killed 17 Americans. He has been held for a decade, half of it in secret CIA prisons around the world, before finally being charged.

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Time to delete bad law outside our traditions

Article posted on Tuesday 18 October 2011

Emergency terror laws enacted in fear and haste after "9/11" are coming up for mandatory review. It's time we got rid of laws, like preventative detention without charge, which "sits well outside conventional criminal law", according to the Speaker of the ACT Legislative Assembly, Shane Rattenbury. He speaks for everyone who yearns for a return to sensible laws in Australia.

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Hyper terror laws strain Australia's democracy

Article posted on Sunday 11 September 2011

Australia has more anti-terror laws than comparable western countries; such laws undermine our democratic freedoms, academics agree. At some stage anti-terror laws in Australia could become part of the problem, and not the solution, Professor George Williams writes. What stage are we at, a decade after terrorists attacked America from the air?

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Jury system in need of urgent reform, for fairness

Article posted on Monday 05 September 2011

Responding to your report “Let jurors speak, says Lindy Chamberlain” by Subiaco Post (Perth) editor Brett Christian, 3 Sept 2011: I fully support Lindy Chamberlain Creighton’s call for jurors to be allowed to speak publicly and debate their verdicts. About 10 years ago jurors in WA were banned from disclosing discussions in the jury room. Lindy was promoting an international justice conference to be held in Perth on 8-10  March in 2012, organised by Justice WA.  

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UPDATED - SPECIAL REPORT:
Australia's property seizure laws:
Now even State Governor speaks
out in favour of changing the law

Article posted on Friday 26 August 2011

There must be something drastically wrong with seizure and property forfeiture laws in Australia, as CLA and others have been saying for years, when even a normally non-controversial State Governor, the former eminent WA barrister Malcolm McCusker, is urging the local law profession to push for change. Read what 'The West' reported, and what letter writers, including CLA's Brian Tennant, had to say about the issue: see under 'WA'.

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Guidance could help judges with sentencing

Article posted on Tuesday 23 August 2011

It's fine for the community to give general guidance to judges as to what is "reasonable" in sentencing, CLA says: public discussion on such issues would be useful, and may help judges locally and nationally, CLA told the main ACT political parties. But law makers should not boost maximum potential sentences to try to force judges to send people to jail for longer...and mandatory sentencing should not even be contemplated, we told MPs.

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CLA wins: full extradition reports

Article posted on Friday 15 July 2011

After four years of lobbying, CLA's proposal for the government to report details about people we extradite to face trial overseas has been adopted by the Attorney-General's Department. The AG's annual report will in future carry reports of extradition requests granted by Australia and other relevant follow-up information.
Read the Minister's letter to CLA »...


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