CLA
Civil Liberties Australia
- Printed on Saturday 04 February 2012 from http://www.cla.asn.au/0805/index.php/criminal/
CLA's policy on criminal justice
All Australians are entitled to protection from arbitrary arrest and unnecessary detention; to a fair, speedy and public trial; to be presumed innocent until proven guilty, and to legal advice and representation.

Sentencing should be based on the principle of rehabilitation wherever possible.

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Criminal justice

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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Prevent assault, rather than investigate later

Article posted on Monday 16 January 2012

People found innocent in court are fully exonerated, and should be treated that way, CLA's Rex Widerstrom says. With the hideous offence of sexual assault of children, it is better to focus more resources on programs to prevent the crime rather than to concentrate on police task force investigation after the event, he says.

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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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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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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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Shoppers face (secret) camera evaluation

Article posted on Wednesday 09 November 2011

CCTVAs each week passes, slick salespeople flog new "miracle" surveillance cameras. Here, a report indicates national chain stores are installing devices that analyse shoppers emotions, pick their gender, guess their age, deduce their mood. As CLA's National Media Director, Tim Vines, points out, shops infringe people's privacy if a person's image is used for a purpose they are not aware of.

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It's official! Big Brother sees red...
and tells a few porkies

Article posted on Monday 07 November 2011

Souther Brigade - Deployment 3 (c) T. Rayfield 2009The federal government has created another secret database where people merely "suspected" of arson will be tagged and flagged, to be hounded throughout summer if as much as a match strikes in their suburb. CLA is concerned that 'mates' will put mates' names down as a prank, neighbours in dispute will add the name of someone they don't like to the database: the traditional right of "innocent until proven guilty" is being trashed by governments in Australia.

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Phone tapping being used to enforce fines

Article posted on Thursday 03 November 2011

Phoen TappingPhone data access being used to enforce fines

Police and crime agencies tapped people's phones and electronic equipment at the rate of about 10 a day last year – 3488 warrants were issued – while nearly 600 surveillance devices (10 a week) went into operation around Australia. Surveillance is on the rise, and privileged access to phone data is also increasingly being used for mundane activities such as collecting council fines and enforcing the dog act, via RSPCAs.

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Presumed innocent goes up in smoke

Article posted on Thursday 27 October 2011

CLA is concerned at the creeping trend throughout Australia to make more offences subject to "strict liability". That is government lawyer speak: it means that, under these new types of laws, you have to prove you are innocent rather than the government proving you are guilty, which has traditionally been the basis of Australian law. Here, in a letter responding to CLA's criticisms, is how the ACT Chief Minister tries to justify proposed new and badly-written laws over smoking in cars.

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Chase vehicle is the police’s most dangerous weapon

Article posted on Thursday 27 October 2011

Police CarThe Speaker of the ACT Parliament, the Greens’ Shane Rattenbury, has released a discussion paper which aims to rein in police car chases.

The paper reviews the the cases in which seven people have died in the past seven years in the ACT in connection with police chases. It also looks at the 163 similar deaths over the past 19 years Australia-wide.

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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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Learn from UK review, CLA advises govt

Article posted on Friday 09 September 2011

The ACT Government can learn from five years of disastrous practical experience in the UK of a security vetting system brought in to check up on community volunteers working with children. The UK system, on which the proposed ACT regime is based, is now being thoroughly overhauled by the British Government because they realised it was draconian, intimidating, bureaucratic and excessive...and inconvenienced nine million more volunteers than it should have.

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UPDATED - SPECIAL REPORT:
Australia's property seizure laws
hitting wrong targets: major
national legal reform needed

Article posted on Thursday 14 July 2011

Evidence is proving federal and state governments are hitting the wrong targets, the wrong way, in their attempted crackdown on major drug and other crime. Instead of confiscating the property and assets of the Mr Bigs of crime, it's the Little Woman and her Children who are suffering under the nation's most draconian and ill-considered laws. National reform and rewrite of the laws is needed now, CLA says.

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Unfettered, unreasonable, unnecessary

Article posted on Tuesday 05 July 2011

A new law gives ASIO greatly expanded powers to spy domestically, and for the first time allows Australia's spooks to spy internationally for economic reasons only. This is dangerous law, unjustified by the government, which has slipped through an acquiescent parliament asleep on the job.

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