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.
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...
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'.
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.
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.
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.
The 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.
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.
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.
The 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.
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.
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?
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.
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'.
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.
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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