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.
The legal system is broken if a person must wait three years to get a Supreme Court trial. Barrister Greg Barns explains how justice could be done better in Tasmania, but his critiques and suggestions for major reform apply to every jurisdiction in Australia. Australia’s overall legal system(s) have never been subjected to an overall review. It’s time for Better Justice throughout the nation:
Riots highlight how and why the rule of law is a better guide to freedom and liberties than is the notion of democracy, Prof Richard Mulgan writes. For that reason, Australian society should be underpinned by a human rights act which guarantees all key aspects of what we think of as the rule of law.
The announcement by the Australian government of an inquiry into excessive security laws and police power is an admission that raids on the ABC and an Australian journalist’s home were way beyond reasonable, Bill Rowlings says. Here’s the full terms of reference.
Big Brother now knows your name. Listen to Civil Liberties Australia’s Vice-President, Tim Vines, speak with Perth Indymedia Radio – RTR 92.1 FM about the expansion of CCTV with facial recognition
Civil Liberties Australia has formally asked the Commissioner of Police Darren Hine to reveal under what law, regulation or powers were his TasPol officers acting in locking down an entire town and other locations to conduct ‘fishing’ searches which the police admit were ‘random’, not targeted on reasonable suspicion. Is Tasmanian and Australia becoming a fully-fledged police state? Will it be your town or your suburb – or your workplace, like the ABC, or your home, like The Australian journalist’s– that the local police take over or raid next?
An audit office analysis of the state of forensic analysis support for the court system in Queensland shows it is causing delays (some caused by errors, some averaging six months), is riddled by inefficiencies in cross-department cooperation and may in future be subject to failure because police cannot guarantee an audit trail of the exhibits they store. CLA’s CEO Bill Rowlings reports on damming findings that require immediate police, health department and government attention.
To build a better nation, Australia needs to re-focus on our freedoms and our humanity rather than on tax-cutting baubles and harsher refugee and security laws. After nearly 20 years of excessive terrorism fear driving public policy, it’s time for politicians, parliament and the people to create a better society for the future rather than building walls around the past.Our civil liberties movement is a broad church. Everyone’s genuinely committed to defending the freedoms of all Australians. But freedom is in the eye of the beholder. Should we plump for negative civil liberties, or positive civil liberties, Mark Hemery asks.
Politicians use ‘law-n’order’ election manifestos and “throw away the key” rhetoric to appear tough, but they are really only being tough on taxpayers’ pockets. Better coordination of laws, police, courts and prisons could save society billions to spend on higher priority community services citizens want, CLA’s CEO Bill Rowlings says.
