Asylum seekers, refugees and Covid-19: most vulnerable, most exposed?

Vulnerable refugee claimants are at greater risk of catching Covid-19 illness because of where they are housed, and general poor nutrition and ill-health because of their poverty. Without incomes as the economy grinds to a halt, their plight is worsening. Meanwhile the Australian government appears to have a policy of deliberating slowing down their ‘day in court’ by appointing the wrong people to the main tribunal that hears refugee claims. CLA Director Jennifer Ashton tells the story.

Releasing non-violent inmates could reduce COVID spread potential

As Iran releases 100,000 prisoners, Australian jails are still packed with the potential for major COVID-19 spread into the community, Paul Gregoire writes for Sydney Criminal Lawyers. And, as usual, Indigenous prisoners are relatively most at risk because of their large numbers and poor health. The WHO and UN have warned Australia about the potential for jails to spread the pandemic. ‘Prison health is a matter of public health’.

Prisoners and quarantined must have their health safeguarded

Prisoners are worried, very worried. Locked away, often two to a cell, they are more prone to a contagious virus than just about any sector of society. Governments have a responsibility to take special efforts to protect their health. And governments are also responsible for ensuring that any quarantined group, including arrivals from flights or cruises, are also looked after according to the OPCAT treaty standards that Australia and every state and territory government has signed up to.

Judicial Commission needs independent, external input to stop judges bullying lawyers

The NT is planning to introduce a Judicial Commission to deal with the problem of judges bullying lawyers. A parliamentary committee is considering submissions – but none of the submissions, other than that from CLA – proposes having truly independent people on the commission and its investigatory panels…or even mandatory Indigenous representationl. Changes to the current bill are vital if justice is to be seen to be done, and to be done, to lawyers and their clients in the NT, CLA says.
 
 
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CLA proposes independent and Indigenous members of Judicial Commission

The NT Parliament is proposing a Judicial Commission to solve major problems of bullying by judges and magistrates, as well as lengthy delays in delivering some judgements. CLA has told the parliamentary committee that the absence of any independent legal expert from outside the NT, and  the possibility of the commission having no Indigenous representatives, needs fixing.

Let prisoners escape Covid-19 virus

Other nations are already showing Australia the way on how to mass deaths in prisons: they are letting lower-range and particular prisoners free, at least for the duration of the world health emergency. It’s time the Australian states and territories did something similar…and took the opportunity to remove from prison some people who probably should not be there, CLA says.

‘Age of criminal responsibility should be raised to 16′

Children’s brains have not formed until well into their teenage years, so they are not mature enough to acquire the intent for full criminal responsibility under the age 16, CLA argues in its submission to the national working group preparing advice for all Attorneys-General on the age of criminal responsibility. CLA also believes that no child under 16 should be detained in a jail-like setting, and mandatory sentencing should be abandoned by all jurisdictions for children under 16.

Prison report is blueprint for saving $billions, overhauling justice

The Queensland Productivity Commission has delivered its seminal report on the state of jails in that state but in reality standing for all Australian jails. Their recommendations provide a blueprint for saving taxpayers money, ending a massive jail-building program over the next decade, and seriously reducing the number of people in prison. Will our fearful governments have the courage to take positive action to achieve a better system delivering better justice?

If your MP says they are ‘tough on crime’, show them this:

For all those politicians (and the media) who posture at being “tough on crime” and who bring in mandatory sentences to appear to be “smart” legislators telling magistrates and judges how to make decisions and pass sentences, hear this plea from a real live criminal lawyer dealing with the consequences of such irresponsible political action in the Northern Territory…