With the virus crisis closing down jury trials, it’s timely to investigate how fair trials are when conducted by electronic means. Australian researchers lead the world in this area: here are the views, from research, of Prof Meredith Rossner and Prof David Tait.
At last the experts are starting to agree with what civil libertarians like CLA have been saying for a decade and a half: everything to do with counterring terrorism is massively out of kilter with reality, including the funds and people/material resources allocated, the parliamentary time spent on it, and the massive headlines given to it. In Australia, we literally have had much more important things to worry about since about 2005.
While civil society is grating the government licence to use extraordinary powers during a medical emergency, that is no excuse to abuse people’s trust by bringing in draconian measures like over-the-top surveillance and elimination of the flimsy privacy rights we still retain, CLA says.
A new rights-eroding law would increase the reach of police and spooks into our lives at the expense of our withering rights, says author Paul Gregoire writing for Sydney Criminal Lawyers. The Frankenstein legislation would enable five-ways open slather access to all phone calls, emails, data and even metadata.
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.