The Sunday Telegraph | November 25 2012
ATTORNEY General Greg Smith will stick to his plans to reform bail laws despite police opposition, saying only those likely to abscond, re-offend or hurt someone will be put in jail and the rest will walk free.
Mr Smith believes bail laws are too complex and so tough they "almost made bail an alternative form of imprisonment". Critics fear changes will give criminals a "get out of jail free" card.
In June, the Law Reform Commission suggested presumptions for or against bail depending on offence should be scrapped and the accused should be released unless they are a risk of absconding, reoffending or harming someone.
It was concerned that too many people, particularly young and indigenous, are in jail even though they have not been convicted of a crime.
Mr Smith told The Sunday Telegraph that the government's response to the review, expected this week, would be "sympathetic" to the report.
"That will be the test. If the court is satisfied that any of those things might happen, they will be bail refused. Otherwise they will be bail granted.
"The act and the ultimate act will draw much from the learning that went into the review. It won't strictly stick to many of the recommendations but it will be sympathetic to some of the principles espoused in the review."
He said there would be announcements on specific presumptions, but would not be drawn further.
Police Commissioner Andrew Scipione is opposed to the changes, saying the current laws work well, as is the Police Association, which warns that watering down bail conditions would endanger the community.
Premier Barry O'Farrell has pledged cabinet would not weaken bail laws.
Smith denied suggestion colleagues have been hostile about the changes, saying they have given him "magnificent" support. "The report will be a reasoned report and it will be a unanimous view of the cabinet and the government."
But the Police Association warns that change to the bail laws would give criminals a get out of jail free card.
"Tough bail laws are pivotal to a safe community and we are hopeful that the government will not move towards weakening these protections which are designed to keep criminals behind bars, he said.
"The recommendations made by the Law Reform Commission would put the community at risk if they were implemented."
"Bail laws should help make our society safer. Any watering down of community protections by allowing persons accused of serious and violent crimes to be released on bail would be out of touch with community expectations."
The Law Society NSW supports reforms to the bail laws. "We were very pleased with the report," said President Justin Dowd.
Showing posts with label bail. Show all posts
Showing posts with label bail. Show all posts
Sunday, November 25, 2012
Wednesday, April 25, 2012
Chief law officer eschews a law-and-order auction for young offenders
Imre Salusinky | The Australian | 21 April 2012
THERE have been some under-performers in the one-year-old NSW Coalition government, and a couple of star turns as well - but for sheer surprise value, nobody has outdone the government's chief law officer, Greg Smith.
As a former high-ranking prosecutor in the office of the Director of Public Prosecutions, and coming from the Liberal Party's Right faction, the state's new Attorney-General could have been expected to ramp up the "law-and-order auction" that has been a feature of NSW politics for decades.
Instead, he has done the opposite. Under Smith, the government has begun to explore way of dealing with crime that address causes, rather than simply imposing tougher penalties on perpetrators. In particular, Smith has flagged measures to reduce the number of young people on remand, one of the ugliest features of the criminal justice system in NSW. He's also asked the Law Reform Commission to clean up the dog's breakfast that has become sentencing law in NSW after successive state governments legislated mandatory sentences and non-parole periods to burnish their "tough on crime" credentials.
Smith's judicial appointments have not met any ideological standard but appear to be based on merit and due consultation with key stakeholders. And he's paying the predictable price, being accused of "going soft" on criminals by influential sections of the electronic and print media.
At a youthful 64, Smith is a devout Catholic, plays in a folk group called the Tokens that visits nursing homes, and is a proud grandfather. For him, recent months have been a repeat baptism of fire. During his first months in parliament, in 2007, Labor, disgracefully, trawled through his record as a prosecutor in an effort to portray him as soft on pedophiles.
"I always expected there to be an attack," the Attorney-General tells Inquirer. "The fact that, as a prosecutor, I had experience running some very difficult trials, that made me tougher. Your witnesses may be hostile but that's not the end of it. You can recover your position, as long as you keep calm and keep smiling."
THERE have been some under-performers in the one-year-old NSW Coalition government, and a couple of star turns as well - but for sheer surprise value, nobody has outdone the government's chief law officer, Greg Smith.
As a former high-ranking prosecutor in the office of the Director of Public Prosecutions, and coming from the Liberal Party's Right faction, the state's new Attorney-General could have been expected to ramp up the "law-and-order auction" that has been a feature of NSW politics for decades.
Instead, he has done the opposite. Under Smith, the government has begun to explore way of dealing with crime that address causes, rather than simply imposing tougher penalties on perpetrators. In particular, Smith has flagged measures to reduce the number of young people on remand, one of the ugliest features of the criminal justice system in NSW. He's also asked the Law Reform Commission to clean up the dog's breakfast that has become sentencing law in NSW after successive state governments legislated mandatory sentences and non-parole periods to burnish their "tough on crime" credentials.
Smith's judicial appointments have not met any ideological standard but appear to be based on merit and due consultation with key stakeholders. And he's paying the predictable price, being accused of "going soft" on criminals by influential sections of the electronic and print media.
At a youthful 64, Smith is a devout Catholic, plays in a folk group called the Tokens that visits nursing homes, and is a proud grandfather. For him, recent months have been a repeat baptism of fire. During his first months in parliament, in 2007, Labor, disgracefully, trawled through his record as a prosecutor in an effort to portray him as soft on pedophiles.
"I always expected there to be an attack," the Attorney-General tells Inquirer. "The fact that, as a prosecutor, I had experience running some very difficult trials, that made me tougher. Your witnesses may be hostile but that's not the end of it. You can recover your position, as long as you keep calm and keep smiling."
Monday, April 2, 2012
AG Greg Smith's speech to Public Defender's Conference
Speech by Greg Smith SC MP, Attorney General and Minister for Justice to
open the Public Defender’s Conference, Saturday 24 March 2012 at Taronga
Park Zoo Conference Centre.
This Monday marks the first anniversary of the election of the O'Farrell Government.
For the past week we have had the pleasure of getting up at 5.30 and going out to
railway stations handing out little cards telling people what good things we’ve done
and they are saying: what’s up?, Is there an election on? But we have had a very
good reception.
I am pleased to say the firm agenda I set in opposition – with the backing of the
Coalition –which was that there would be no law and order auction at the last
election, has been honoured by us. And I think Labor was becoming weary of it.
They didn’t try to counter with a one sided auction – no grid sentencing, or more
maximum life sentences, no extra aggravated offences, no standard non parole
periods – which had coloured the previous 20 years of elections.
Unlike previous governments, our State plan does not demand a certain number of
arrests or prisoners. Take section 22A of the Bail Act; it allowed only one application
for bail and had a particular impact on young people - especially for those who
breached curfews. There are now are 150 people a week in juvenile detention
centres who will never receive a custodial sentence.
I promised we would open a second metropolitan drug court – I expect that will up
and running in May – and the first intensive drug treatment facility in a NSW jail. We
have done that at the John Morony complex at Windsor. In late February the first 62
prisoners started and within two years I hope we have 300 prisoners – 250 men, 50
women - undergoing treatment that will last for about six months. They will be linking
up with the non-government organisations after their release so they can continue
their treatment.
Drug addiction can be a lifelong struggle and my hope is that this program will help a
lot of people to turn their lives around and make a positive contribution to the
community. If they can get off the drugs, get a job, get somewhere to live and help –
rather than just being thrown into jail and let out with the same problems – it will be
better for the community. We will have more citizens who might have been
permanent criminals going straight and the community will be safer. And hopefully
the perceptions of safety will increase because that is one of our big problems.
Fanned by publicity and sensation, there is a perception out in the suburbs of
Sydney that it’s dangerous out there, in the night, even in the day.
Sunday, March 25, 2012
Children sue over arrest flaw
Nick Ralston | SMH | March 25, 2012
Class action ... Musa Konneh was the first to sign up to legal action against the NSW government over the database errors. Photo: Ben Rushton
TWENTY-ONE children wrongfully arrested because of a computer error have joined a class action against the NSW government.
The move comes after the government failed to deliver on a promise made last June to fix the problem with the Department of Justice computer system, which police use when making arrests. Solicitors involved in the class action said that since then at least 11 children had been wrongfully arrested because of out-of-date information on the system.
Vavaa Mawuli, a senior solicitor with the Public Interest Advocacy Centre who is co-ordinating the action, said young people continued to be wrongfully detained, despite the class action. The Department of Justice's computer system, known as JusticeLink, did not fully sync with the police computer database. This meant police did not immediately have access to changes in a person's court records after they had appeared before a magistrate and had their bail conditions varied or dropped.
A police source said it was frustrating for officers, who were acting in good faith on the information that was available to them.
Last June, Musa Konneh became the first young person to join the class action seeking compensation over his wrongful detention.
Mr Konneh was arrested, strip-searched and spent a night in jail because the police computer database failed to recognise that all charges against him had been dismissed in the Children's Court four days earlier.
The Sun-Herald can reveal 30 young people have complained to the solicitors involved in the class action about being wrongfully arrested because of the system error, which dates back to 2005. Of the 30, 21 have instructed them that they want to be part of the action.
The law firm Maurice Blackburn, which is involved in the class action, said it believed the number involved could grow to as many as 200.
A young person involved in the class action was arrested at his Caringbah flat at 11.30pm on a Thursday in 2010 because he had not been home when police called at 8pm. But the then 17-year-old's bail conditions had been altered by a magistrate a month earlier, and his curfew had been extended to 9pm - a condition he had complied with. The teenager was taken to a juvenile justice centre, detained overnight and then taken and held in a cell at Parramatta Children's Court until the matter was thrown out by a magistrate.
Last June, the Minister for Police, Mike Gallacher, said the problem needed to be fixed urgently and that he did not believe it would be an issue in a year's time.
A spokeswoman for the minister yesterday said the government was seeking a response from the NSW Police Force and the Department of Justice. NSW Police said new safeguards had been put in place and it was working to fix the problem with the support of the government.
Last financial year, police were forced to pay more than $5 million to compensate people it had falsely imprisoned and assaulted. It was a $1 million increase on the previous year.
Class action ... Musa Konneh was the first to sign up to legal action against the NSW government over the database errors. Photo: Ben Rushton
TWENTY-ONE children wrongfully arrested because of a computer error have joined a class action against the NSW government.
The move comes after the government failed to deliver on a promise made last June to fix the problem with the Department of Justice computer system, which police use when making arrests. Solicitors involved in the class action said that since then at least 11 children had been wrongfully arrested because of out-of-date information on the system.
Vavaa Mawuli, a senior solicitor with the Public Interest Advocacy Centre who is co-ordinating the action, said young people continued to be wrongfully detained, despite the class action. The Department of Justice's computer system, known as JusticeLink, did not fully sync with the police computer database. This meant police did not immediately have access to changes in a person's court records after they had appeared before a magistrate and had their bail conditions varied or dropped.
A police source said it was frustrating for officers, who were acting in good faith on the information that was available to them.
Last June, Musa Konneh became the first young person to join the class action seeking compensation over his wrongful detention.
Mr Konneh was arrested, strip-searched and spent a night in jail because the police computer database failed to recognise that all charges against him had been dismissed in the Children's Court four days earlier.
The Sun-Herald can reveal 30 young people have complained to the solicitors involved in the class action about being wrongfully arrested because of the system error, which dates back to 2005. Of the 30, 21 have instructed them that they want to be part of the action.
The law firm Maurice Blackburn, which is involved in the class action, said it believed the number involved could grow to as many as 200.
A young person involved in the class action was arrested at his Caringbah flat at 11.30pm on a Thursday in 2010 because he had not been home when police called at 8pm. But the then 17-year-old's bail conditions had been altered by a magistrate a month earlier, and his curfew had been extended to 9pm - a condition he had complied with. The teenager was taken to a juvenile justice centre, detained overnight and then taken and held in a cell at Parramatta Children's Court until the matter was thrown out by a magistrate.
Last June, the Minister for Police, Mike Gallacher, said the problem needed to be fixed urgently and that he did not believe it would be an issue in a year's time.
A spokeswoman for the minister yesterday said the government was seeking a response from the NSW Police Force and the Department of Justice. NSW Police said new safeguards had been put in place and it was working to fix the problem with the support of the government.
Last financial year, police were forced to pay more than $5 million to compensate people it had falsely imprisoned and assaulted. It was a $1 million increase on the previous year.
Monday, February 20, 2012
Breath test ban forces other changes to bail rules
Paul Bibby | SMH | February 18, 2012
NSW Chief Magistrate Graeme Henson ... confirmed that he had sent a copy of the Supreme Court decision to magistrates across the state. Photo: Brendan Esposito
THE impact of the Supreme Court ruling against random breath tests as a condition of bail has spread through the NSW court system and NSW Police, with at least one other common bail condition also in doubt.
The Herald revealed yesterday that several magistrates and police in western NSW have been ordering people charged with alcohol-related offences to submit to random breath tests to ensure that they are not breaching their bail conditions by drinking.
Known as ''alcohol bail'', it was not specific to driving and few if any qualifications or restrictions were placed on it.
Officers did not have to reasonably suspect that the alleged offender was drunk and there was no limit to the number of times a person could be tested.
Last Friday, the NSW Supreme Court Justice, Peter Garling, ruled the condition unlawful, finding that it was not in keeping with the main reasons bail is imposed, namely for law enforcement, protection of the community or an individual, promoting the rehabilitation of the accused, and ensuring that people show up to court.
The broader implications of the judgment are now rippling across the court system and police force.
The NSW Chief Magistrate, Judge Graeme Henson, confirmed yesterday that he had sent a copy of the decision to magistrates across the state.
It is understood that he also sent a memo informing magistrates of the potential dangers of so-called ''proof provisions'' within bail conditions. These are provisions requiring alleged offenders to prove that they are not breaching their conditions for bail.
The judgment may spell the end of a common curfew condition where alleged offenders are required to present themselves whenever a police officer comes to their home.
The Aboriginal Legal Service and Legal Aid are among organisations that have objected to the condition on the grounds that it has an unreasonable impact on people's lives, particularly within the indigenous community.
''These conditions have the effect in the community of forcing people out of bed at all hours to come to the door,'' one of the principal legal officers at the Aboriginal Legal Service, Jeremy Styles, said.
''And they are often applied to children.''
Following Justice Garling's judgment and the memo from Judge Henson, several magistrates and judges have deleted the ''present to police'' curfew requirement from the bail conditions of alleged offenders.
This includes cases in Bathurst, Broken Hill and the NSW Supreme Court in Sydney.
When a ''present to police'' condition came before the Deputy Chief Magistrate, Jane Culver, in Sydney's Downing Centre local court on Wednesday, she said: ''The decision [by Justice Garling] in Lawson and Dunlevy is against any such condition remaining in place''.
The impact of Justice Garling's decision is also being felt across the NSW Police Force.
A western NSW police source said that it ''had the potential to change operations of the entire organisation''.
The former NSW director of public prosecutions, Nicholas Cowdery, said that Justice Garling's decision was underpinned by the need to protect people's rights.
NSW Chief Magistrate Graeme Henson ... confirmed that he had sent a copy of the Supreme Court decision to magistrates across the state. Photo: Brendan Esposito
THE impact of the Supreme Court ruling against random breath tests as a condition of bail has spread through the NSW court system and NSW Police, with at least one other common bail condition also in doubt.
The Herald revealed yesterday that several magistrates and police in western NSW have been ordering people charged with alcohol-related offences to submit to random breath tests to ensure that they are not breaching their bail conditions by drinking.
Known as ''alcohol bail'', it was not specific to driving and few if any qualifications or restrictions were placed on it.
Officers did not have to reasonably suspect that the alleged offender was drunk and there was no limit to the number of times a person could be tested.
Last Friday, the NSW Supreme Court Justice, Peter Garling, ruled the condition unlawful, finding that it was not in keeping with the main reasons bail is imposed, namely for law enforcement, protection of the community or an individual, promoting the rehabilitation of the accused, and ensuring that people show up to court.
The broader implications of the judgment are now rippling across the court system and police force.
The NSW Chief Magistrate, Judge Graeme Henson, confirmed yesterday that he had sent a copy of the decision to magistrates across the state.
It is understood that he also sent a memo informing magistrates of the potential dangers of so-called ''proof provisions'' within bail conditions. These are provisions requiring alleged offenders to prove that they are not breaching their conditions for bail.
The judgment may spell the end of a common curfew condition where alleged offenders are required to present themselves whenever a police officer comes to their home.
The Aboriginal Legal Service and Legal Aid are among organisations that have objected to the condition on the grounds that it has an unreasonable impact on people's lives, particularly within the indigenous community.
''These conditions have the effect in the community of forcing people out of bed at all hours to come to the door,'' one of the principal legal officers at the Aboriginal Legal Service, Jeremy Styles, said.
''And they are often applied to children.''
Following Justice Garling's judgment and the memo from Judge Henson, several magistrates and judges have deleted the ''present to police'' curfew requirement from the bail conditions of alleged offenders.
This includes cases in Bathurst, Broken Hill and the NSW Supreme Court in Sydney.
When a ''present to police'' condition came before the Deputy Chief Magistrate, Jane Culver, in Sydney's Downing Centre local court on Wednesday, she said: ''The decision [by Justice Garling] in Lawson and Dunlevy is against any such condition remaining in place''.
The impact of Justice Garling's decision is also being felt across the NSW Police Force.
A western NSW police source said that it ''had the potential to change operations of the entire organisation''.
The former NSW director of public prosecutions, Nicholas Cowdery, said that Justice Garling's decision was underpinned by the need to protect people's rights.
Monday, February 13, 2012
Bombastic voices aiming to shout down the Attorney-General
Richard Ackland | SMH | February 10, 2012
"There is a misguided perception that the legal community is soft on crime and out of touch with community expectations" ... Chief Justice of NSW Tom Bathurst. Photo: Wolter Peeters
The Chief Justice of NSW, Tom Bathurst, issued the annual rallying cry to lawyers at Parliament House's new law term banquet. That was on the night of January 30. Part of his speech was about the crisis of confidence faced by the criminal justice system.
''Community trust in the system is eroding. Much of this distrust is fuelled by misinformation that is propagated by sections of the media who prefer to inflame rather than inform … There is a misguided perception that the legal community is soft on crime and out of touch with community expectations.''
The next available issue of The Daily Telegraph promptly splashed on page one with a fine piece of confected inflammation: ''Exclusive: Gays, minorities get bail but the rest … Go Straight to Jail.''
Advertisement: Story continues below
Accompanying the exclusive was a little graphic of the NSW Attorney-General, Greg Smith, in pink, captioned: ''Marshmallow man: Greg Smith.'' By asking the NSW Law Reform Commission to review the Bail Act, the Attorney-General seems to have confirmed in many minds that he is a big, fat, pink softie who presumably will melt when heat is applied.
The fact that the Attorney-General hasn't yet received the report of the commission, or considered any proposals for reform, or put them to cabinet is beside the point.
"There is a misguided perception that the legal community is soft on crime and out of touch with community expectations" ... Chief Justice of NSW Tom Bathurst. Photo: Wolter Peeters
The Chief Justice of NSW, Tom Bathurst, issued the annual rallying cry to lawyers at Parliament House's new law term banquet. That was on the night of January 30. Part of his speech was about the crisis of confidence faced by the criminal justice system.
''Community trust in the system is eroding. Much of this distrust is fuelled by misinformation that is propagated by sections of the media who prefer to inflame rather than inform … There is a misguided perception that the legal community is soft on crime and out of touch with community expectations.''
The next available issue of The Daily Telegraph promptly splashed on page one with a fine piece of confected inflammation: ''Exclusive: Gays, minorities get bail but the rest … Go Straight to Jail.''
Advertisement: Story continues below
Accompanying the exclusive was a little graphic of the NSW Attorney-General, Greg Smith, in pink, captioned: ''Marshmallow man: Greg Smith.'' By asking the NSW Law Reform Commission to review the Bail Act, the Attorney-General seems to have confirmed in many minds that he is a big, fat, pink softie who presumably will melt when heat is applied.
The fact that the Attorney-General hasn't yet received the report of the commission, or considered any proposals for reform, or put them to cabinet is beside the point.
Thursday, February 9, 2012
Alan Jones interviews Greg Smith
Alan Jones | 2GB Radio | 31 January 2012
Listen to interview between Alan Jones and Greg Smith here, regarding the bail review and other matters.
Unlike his 2GB morning counterpart, Jones seems prepared to give Smith a fair hearing on his proposed criminal justice reforms.
Listen to interview between Alan Jones and Greg Smith here, regarding the bail review and other matters.
Unlike his 2GB morning counterpart, Jones seems prepared to give Smith a fair hearing on his proposed criminal justice reforms.
NSW poised to revamp bail laws
Waleed Aly | ABC RN Drive | 7 February 2012
Listen to interview here
Listen to interview here
The bail laws in NSW are the toughest in the country. The state's bail act has been amended no less than 32 times since it was introduced in 1978 and as it stands now, there is effectively a presumption against bail for many offences.
Now the State Coalition Government is seriously looking at softening these laws. An issue that has been of particular concern for some time is growing numbers of young people who are being denied bail and held in jail, only to stand trial and find out they have no sentence to serve.
The man charged with weighing up possible amendments to the Bail Act is the NSW Attorney General Greg Smith and he spoke with Waleed Aly.
Now the State Coalition Government is seriously looking at softening these laws. An issue that has been of particular concern for some time is growing numbers of young people who are being denied bail and held in jail, only to stand trial and find out they have no sentence to serve.
The man charged with weighing up possible amendments to the Bail Act is the NSW Attorney General Greg Smith and he spoke with Waleed Aly.
Prison plan always on the cards
Heath Aston | SMH | January 29, 2012
BEFORE entering politics, Greg Smith spent a career in the courtroom as a Crown prosecutor. So he knows a thing or two about how words can be twisted to suit a purpose.
But even he must have been surprised by the tenuousness of the recent attacks on him for supposedly going soft on crime. The NSW Attorney-General was in the sights of the tabloid press and talkback radio last week for asking the Law Reform Commission to find ways to reduce the headcount in prisons.
Any move to alter the Crimes Act and increase non-custodial sentences is obviously one of extreme public interest and should be debated thoroughly. But the story quickly evolved into how Smith had been a tough talker in opposition only to turn into a big softie in government. Quotes were dug out that seemed to portray the Attorney-General as having been an old-school ''lock-'em-up'' conservative while in opposition.
The truth is basically the opposite.
Take the very first line of a story I wrote in July 2010: ''A Coalition state government would slash the NSW prison population by a fifth by taking prisoners with mental-health problems out of the criminal justice system and reducing sentences for a range of 'less serious' crimes.
''Shadow attorney-general Greg Smith said he was planning to reduce the headcount inside NSW jails, which is set to push past 11,000 …
''The Coalition's reformist agenda, which would reduce sentences for minor drug offences, minor assaults, theft and fraud, is part of a calculated gamble to prevent the election in March descending into the traditional law-and-order auction for who can crack down hardest on crime.''
There were numerous other articles that covered Smith's desire to reduce the number of graduates from the ''universities of crime'' he considers adult jails to be.
BEFORE entering politics, Greg Smith spent a career in the courtroom as a Crown prosecutor. So he knows a thing or two about how words can be twisted to suit a purpose.
But even he must have been surprised by the tenuousness of the recent attacks on him for supposedly going soft on crime. The NSW Attorney-General was in the sights of the tabloid press and talkback radio last week for asking the Law Reform Commission to find ways to reduce the headcount in prisons.
Any move to alter the Crimes Act and increase non-custodial sentences is obviously one of extreme public interest and should be debated thoroughly. But the story quickly evolved into how Smith had been a tough talker in opposition only to turn into a big softie in government. Quotes were dug out that seemed to portray the Attorney-General as having been an old-school ''lock-'em-up'' conservative while in opposition.
The truth is basically the opposite.
Take the very first line of a story I wrote in July 2010: ''A Coalition state government would slash the NSW prison population by a fifth by taking prisoners with mental-health problems out of the criminal justice system and reducing sentences for a range of 'less serious' crimes.
''Shadow attorney-general Greg Smith said he was planning to reduce the headcount inside NSW jails, which is set to push past 11,000 …
''The Coalition's reformist agenda, which would reduce sentences for minor drug offences, minor assaults, theft and fraud, is part of a calculated gamble to prevent the election in March descending into the traditional law-and-order auction for who can crack down hardest on crime.''
There were numerous other articles that covered Smith's desire to reduce the number of graduates from the ''universities of crime'' he considers adult jails to be.
Tuesday, February 7, 2012
Hardline A-G hits back at his critics
Anna Patty | SMH | February 3, 2012
It didn't take long for the vitriol over the state government's approach to law and order to start.
Ten months after the NSW election, the opposition and tabloid media have been dishing it out to the Attorney-General, Greg Smith, accusing him of being soft on crime.
One radio talk-back host recently accused Smith of being a step away from the Greens, saying he had failed to earn his stripes as a conservative Attorney-General.
When it comes to the rehabilitation of non-violent offenders, Smith would agree.
He says he is "more left-wing on issues like dealing with prisoners and rehabilitation than any other Attorney-General in the country".
But Smith, reputed as a tough public prosecutor when he worked for the DPP - having put away murderers including those who killed policeman David Carty - is hardline when it comes to serious violence.
In response to a recent spate of drive-by shootings in Sydney's south-west, the opposition and some commentators have confused the distinction Smith has made between his different approaches to sentencing and rehabilitation.
He believes in non-custodial sentences for less serious offenders and rehabilitation for people with drug and alcohol addiction or mental health problems.
When it comes to people guilty of serious violent crime, including the "buffoons" responsible for the shootings, repeat offenders and those guilty of child sex offences, Smith wants to toughen punishments.
Smith recently asked the Supreme Court to look at how judgments against people convicted of sex offences against children could be strengthened.
It didn't take long for the vitriol over the state government's approach to law and order to start.
Ten months after the NSW election, the opposition and tabloid media have been dishing it out to the Attorney-General, Greg Smith, accusing him of being soft on crime.
One radio talk-back host recently accused Smith of being a step away from the Greens, saying he had failed to earn his stripes as a conservative Attorney-General.
When it comes to the rehabilitation of non-violent offenders, Smith would agree.
He says he is "more left-wing on issues like dealing with prisoners and rehabilitation than any other Attorney-General in the country".
But Smith, reputed as a tough public prosecutor when he worked for the DPP - having put away murderers including those who killed policeman David Carty - is hardline when it comes to serious violence.
In response to a recent spate of drive-by shootings in Sydney's south-west, the opposition and some commentators have confused the distinction Smith has made between his different approaches to sentencing and rehabilitation.
He believes in non-custodial sentences for less serious offenders and rehabilitation for people with drug and alcohol addiction or mental health problems.
When it comes to people guilty of serious violent crime, including the "buffoons" responsible for the shootings, repeat offenders and those guilty of child sex offences, Smith wants to toughen punishments.
Smith recently asked the Supreme Court to look at how judgments against people convicted of sex offences against children could be strengthened.
Youth bail laws to be eased in NSW
Imre Salusinsky | The Australian | February 7, 2012
BAIL laws in NSW will be reformed in a push by the state government to reduce the number of young people in jail.
NSW Attorney-General Greg Smith has confirmed to The Australian the changes are likely to include exempting accused juveniles from tough provisions introduced to the bail act in 2007, which limited the right of accused offenders to make repeated applications for bail once an initial bid was refused.
At about 400, the number of juveniles in detention in NSW is the highest in the country.
About half are on remand -- a proportion that spiked following the new provisions.
"Once they get into detention, their prospects of returning to a normal life are diminished," Mr Smith said said of accused offenders aged under 18.
"There are currently more juveniles on remand than are serving detention. They're being exposed to more serious young criminals while they are there."
He said the 2007 changes "did seem to impact in a more prejudicial way on juveniles than it did on adult prisoners".
BAIL laws in NSW will be reformed in a push by the state government to reduce the number of young people in jail.
NSW Attorney-General Greg Smith has confirmed to The Australian the changes are likely to include exempting accused juveniles from tough provisions introduced to the bail act in 2007, which limited the right of accused offenders to make repeated applications for bail once an initial bid was refused.
At about 400, the number of juveniles in detention in NSW is the highest in the country.
About half are on remand -- a proportion that spiked following the new provisions.
"Once they get into detention, their prospects of returning to a normal life are diminished," Mr Smith said said of accused offenders aged under 18.
"There are currently more juveniles on remand than are serving detention. They're being exposed to more serious young criminals while they are there."
He said the 2007 changes "did seem to impact in a more prejudicial way on juveniles than it did on adult prisoners".
Friday, December 16, 2011
Aboriginal crime and punishment: incarceration rates rise under neoliberalism
Inga Ting | Crikey | 15 December 2011
The number of indigenous adults held in the nation’s jails has increased for the 11th year in a row, despite the nation’s prisoner population falling for the first time in a decade.
According to the latest Australian Bureau of Statistics data, the indigenous prisoner population increased by 1% in the year to June 2011 while the total prisoner population dropped by 2%. The gap between indigenous and non-indigenous imprisonment rates grew by 0.1%, with indigenous Australians now 14.3 times more likely to be incarcerated than non-indigenous Australians. Today, about one in four prisoners are indigenous even though indigenous Australians make up just 2.5% of the general population.
While the reduction in the national prisoner population makes a welcome change, the fact remains that it has expanded by 30% over the past decade despite falling crime rates across the nation. At first glance, this doesn’t make sense: crime rates have decreased dramatically in the past decade (see the complete data) while incarceration rates — especially indigenous incarceration rates — have continued to climb.
The problem lies in the common assumption that punishment is a direct outcome to criminal behaviour, says Chris Cunneen, Professor of Justice and Social Inclusion at James Cook University and a criminologist with more than 20 years’ experience in indigenous criminal justice. “Sentencing and imprisonment is not related to crime. It’s a function of government policy,” he told Crikey. “The fact that we’re locking up more people is … really about changes to law and practice.”
The number of indigenous adults held in the nation’s jails has increased for the 11th year in a row, despite the nation’s prisoner population falling for the first time in a decade.
According to the latest Australian Bureau of Statistics data, the indigenous prisoner population increased by 1% in the year to June 2011 while the total prisoner population dropped by 2%. The gap between indigenous and non-indigenous imprisonment rates grew by 0.1%, with indigenous Australians now 14.3 times more likely to be incarcerated than non-indigenous Australians. Today, about one in four prisoners are indigenous even though indigenous Australians make up just 2.5% of the general population.
While the reduction in the national prisoner population makes a welcome change, the fact remains that it has expanded by 30% over the past decade despite falling crime rates across the nation. At first glance, this doesn’t make sense: crime rates have decreased dramatically in the past decade (see the complete data) while incarceration rates — especially indigenous incarceration rates — have continued to climb.
The problem lies in the common assumption that punishment is a direct outcome to criminal behaviour, says Chris Cunneen, Professor of Justice and Social Inclusion at James Cook University and a criminologist with more than 20 years’ experience in indigenous criminal justice. “Sentencing and imprisonment is not related to crime. It’s a function of government policy,” he told Crikey. “The fact that we’re locking up more people is … really about changes to law and practice.”
Monday, November 21, 2011
AG at Estimates: Bail
General Purpose Standing Committee No 4 | Attorney General and Justice | 26 October 2011
The Hon. TREVOR KHAN: Attorney, I think the final question asked by Mr David Shoebridge related to the Bail Act. Are you able to indicate to the Committee what the current trends are with regard to bail and whether the Government is considering any reform of the bail laws in New South Wales?
The Hon. TREVOR KHAN: Attorney, I think the final question asked by Mr David Shoebridge related to the Bail Act. Are you able to indicate to the Committee what the current trends are with regard to bail and whether the Government is considering any reform of the bail laws in New South Wales?
Mr GREG SMITH: It is a very topical issue; there was an excellent piece in the Sydney Morning Herald today by Geesche Jacobsen in which she referred in some detail to a submission by the Chief Magistrate to the bail review, setting out the magistrate's perspective on problems. A Bureau of Crime Statistics and Research report on trends in bail and sentencing outcomes in New South Wales criminal courts between 1993 and 2007 revealed that in local courts the proportion of defendants refused bail doubled during those years, from 3.6 per cent to 7.6 per cent. In the District and Supreme courts the proportion of defendants refused bail during that period also doubled, from 23.8 per cent to 47.6 per cent.
A Bureau of Crime Statistics and Research report on the use of unconditional bail before trial in New South Wales between the years 1999 and 2008 found that over the past decade there has been a marked reduction in the number and percentage of cases where bail is dispensed with, from 60.3 per cent in 1999 to 44.9 per cent in 2008; and that, while there has been some increase in the percentage, 3 per cent, and number of defendants refused bail, the main change has been a rise in the number of defendants placed on bail rather than released unconditionally.
Another trend has been the increase in the number of juveniles being held in custody pending a court
outcome—that is, being held on remand. Between 2007 and 2008 the juvenile remand population in New South Wales grew by 32 per cent, from an average of 181 per day to 239 per day. In 2009 there was a downward trend in the juvenile remand population, and this continued to the end of 2010. Remand numbers spiked in March 2011, to 261, and in July of 2011, to 241. On Saturday night 23 October 2011 there were 197 young people held on remand. The average number of juvenile remandees per day in 2010-11 was 193, and this is still higher than the daily number in 2007.
The juvenile remand rate continues to be characterised by significant fluctuations and remains at an unacceptably high level. Fifty to 60 per cent of young people in detention centres are held on remand; 90 per cent of admissions to detention centres are remand admissions; and approximately 82 per cent of young people remanded in custody do not receive custodial sentences. Pressure is being placed on the remand population by an increase in both the number of juveniles placed on remand and the average length of stay on remand.
Increases in the remand population are also occurring among adults. As at 16 October 2011, 2,671 people were in full-time custody on remand, awaiting trial or sentence. This is an increase of 86 per cent over 10 years since 30 June 2010, when only 1,433 people were in full-time custody on remand.
We have commenced the Bail Act review, and on 8 June I asked the Law Reform Commission to undertaken a review of bail law in New South Wales. I am concerned that the Bail Act may have moved away from the spirit and intent of the original legislation—as was reflected in the comments made by the Chief Magistrate, Graeme Henson, reported in the newspaper today. This was to ensure attendance at a hearing or trial, to stop defendants from committing further offences and to prevent interference with witnesses. In announcing the review I was also conscious of the number of people on remand, especially juveniles. I also have concerns about the complexity of bail law in New South Wales and I know these concerns are shared by members of the legal profession and the bench. Bail laws should be as clear and straightforward as possible.
The terms of reference for the review incorporate issues such as: the objects of the Bail Act; the factors to be considered and presumptions to be applied in bail determinations; the consequences of breaching bail; the desirability of maintaining section 22A of the Bail Act; and the application of bail laws to young people and Aboriginal people and Torres Strait Islanders. The Law Reform Commission can also consider the bail laws of other jurisdictions and any additional bail-related matter. A retired Supreme Court judge, the Honourable Hal Sperling, QC, is leading the New South Wales Law Reform Commission project, with the assistance of its chair, former Justice James Wood, and is due to report next month.
I would like to make a few comments on the juvenile remand population. I am advised that the heads of justice agencies were asked to look into the issue of increases in the number of juveniles being held in remand, and to identify the causes of the increase. As part of this process, advice was sought from the Bureau of Crime Statistics and Research, which identified two major correlating factors: increased policing of bail conditions, which I think is due to the old State Plan, which we have ditched; and changes made to the Bail Act 1978 in 2007 to prevent the making of repeat bail applications in the same court. I might continue with more comments on that matter later, if that is the end of this period.
Saturday, November 5, 2011
Unfair bail laws used as punishment: magistrate
Geesche Jacobson | SMH | 26 October 2011
BAIL laws are too complex and suspects are often kept on remand as a ''form of pre-emptive punishment'' or granted bail only on ''draconian and ultimately pointless conditions'', the state's most senior magistrate has said.
The Chief Magistrate, Graeme Henson, said prosecutors had a ''culture that bail should be opposed'' and that the judiciary was often ''forced into a semblance of complicity'' in executing their agenda.
His comments are contained in a frank submission to the NSW Law Reform Commission's review of bail laws, which is expected to hand down its findings within weeks.
BAIL laws are too complex and suspects are often kept on remand as a ''form of pre-emptive punishment'' or granted bail only on ''draconian and ultimately pointless conditions'', the state's most senior magistrate has said.
The Chief Magistrate, Graeme Henson, said prosecutors had a ''culture that bail should be opposed'' and that the judiciary was often ''forced into a semblance of complicity'' in executing their agenda.
His comments are contained in a frank submission to the NSW Law Reform Commission's review of bail laws, which is expected to hand down its findings within weeks.
The review, a government election promise, was sparked by the large increase in the percentage of the state's inmates who have not been convicted of any crime but are in prison because they were refused bail.
It also follows a call last year by the Chief Judge of the District Court, Reg Blanch, for a review of bail laws.
Last June, a quarter of inmates - or 2624 people - were on remand, compared with 11 per cent in 1994.
Bail laws were progressively tightened under the previous government in what the submission by the Office of the Director of Public Prosecutions called ''ad hoc legislative responses in a get tough on law and order climate''.
Most submissions favour a relaxation and simplification of the laws to cut the number of people - up to 30 per cent - who are eventually acquitted after spending time in jail. The Attorney-General, Greg Smith, said last year it was only a lack of funds that stopped many of these people suing the state government.
Even the DPP and Corrective Services are critical of current laws and most submissions say accused people should be free unless they are a risk to the public or might fail to turn up in court.
Prison authorities have recommended a trial of ''e-bail'', or electronic monitoring of people on bail.
One contributor to the rise in the number of people on remand has been the introduction of a ''presumption against bail'' for certain offences.
This, says the submission by Legal Aid NSW, has equated the chances of getting bail of people breaking into the school tuckshop with those who have committed an armed home invasion.
These categories were ''illogical and difficult to apply'', said Mr Henson, who calls for the abolition of the presumption against bail based on offences.
He is also critical of the provision that restricts repeated bail applications, saying that it has had ''a disproportionate impact on defendants in positions of social disadvantage, such as the homeless''.
This year a homeless man had serious charges against him dropped after spending more than a year in prison, having been refused bail as he had no steady address.
Mr Henson is also critical of ''overly complex and onerous'' bail conditions, a submission mirrored by others. The Legal Aid submission opposes strict conditions, including curfew, for children and cites the example of ''Kristy'', who became homeless after constant police checks on her curfew disrupted her family and neighbours.
He also suggests a trial of ''pre-charge bail'', as used in Britain, which would allow police to release a person on bail, while deferring the decision to charge.
Saturday, October 15, 2011
Breaking the prison cycle
Mike Steketee | The Australian | 15 October 2011
IN Canberra, a hung parliament has given a Labor Party too scared to take action on climate change before the last election the courage of its convictions.
In NSW, a very different parliament in which the government has a lopsided majority may have a similar effect on law and order policy. An opposition as weakened as that in NSW may not be ideal for democracy but it does allow the government to focus more on policy than populism. And in no area has the auction for votes been more unseemly or come at a greater cost to sensible policy.
As NSW shadow attorney-general, Greg Smith called a halt to the law and order auction. While strongly conservative, he saw during his previous life as a crown prosecutor the failings of the lock-'em-up-and-throw-away-the-key approach - namely that, despite costing a packet, it does little to reduce crime and in some circumstances increases it. One pointer to that is the 43 per cent of prisoners who are back in jail within two years in NSW, compared with 34 per cent in Victoria, where there has been less emphasis on the punitive approach and there have been more resources for rehabilitation and other services for prisoners before and after they are released.
Now he is Attorney-General, Smith is saying much the same things and is starting to act on them. In parliament in May he claimed the previous government regarded the prison population reaching 10,000 as a badge of honour. "I thought it was a disgrace," he said. "This government does not believe success on law and order issues can alone be judged by how many people are locked up. We believe in policies that break the cycle of re-offending. Every prisoner should have an opportunity for rehabilitation and that is in the interests of the whole community."
Smith has commissioned a review of the bail act, particularly because of concern that too many juveniles are remanded in custody and are introduced to what he calls "the university of crime". He has asked the NSW Law Reform Commission to look at sentencing legislation to, among other things, give courts greater discretion. He has announced extra funding for education programs in prison, drug and alcohol rehabilitation services and a second drug court with detoxification facilities, drug testing and treatment.
It is early days and it remains to be seen where these measures lead and whether the O'Farrell government succumbs to a "soft on crime" campaign. Nor is the law and order traffic all one way: the government has legislated for mandatory life sentences for killing police officers.
But this is an issue which has come to defy political pigeon-holing. Bob Carr in NSW took the same attitude as Tony Blair in Britain: that a populist, punitive approach to law and order would protect his political flanks from right-wing attack. Pity about the merits of the policy. Now the coalition government in Britain is changing tack, as has the O'Farrell government. Yet its Liberal-National counterpart in Victoria is headed at least partly in the opposite direction, with moves for mandatory minimum sentences for some juvenile offences, despite the evidence of Victoria's superior performance with its emphasis on alternatives to prison.
The change in thinking was perhaps best captured by another conservative politician, New Zealand's deputy prime minister Bill English, who in May described prisons as "a fiscal and moral failure". No Kiwi, he confidently asserted, wanted to see more large-scale prison building.
IN Canberra, a hung parliament has given a Labor Party too scared to take action on climate change before the last election the courage of its convictions.
In NSW, a very different parliament in which the government has a lopsided majority may have a similar effect on law and order policy. An opposition as weakened as that in NSW may not be ideal for democracy but it does allow the government to focus more on policy than populism. And in no area has the auction for votes been more unseemly or come at a greater cost to sensible policy.
As NSW shadow attorney-general, Greg Smith called a halt to the law and order auction. While strongly conservative, he saw during his previous life as a crown prosecutor the failings of the lock-'em-up-and-throw-away-the-key approach - namely that, despite costing a packet, it does little to reduce crime and in some circumstances increases it. One pointer to that is the 43 per cent of prisoners who are back in jail within two years in NSW, compared with 34 per cent in Victoria, where there has been less emphasis on the punitive approach and there have been more resources for rehabilitation and other services for prisoners before and after they are released.
Now he is Attorney-General, Smith is saying much the same things and is starting to act on them. In parliament in May he claimed the previous government regarded the prison population reaching 10,000 as a badge of honour. "I thought it was a disgrace," he said. "This government does not believe success on law and order issues can alone be judged by how many people are locked up. We believe in policies that break the cycle of re-offending. Every prisoner should have an opportunity for rehabilitation and that is in the interests of the whole community."
Smith has commissioned a review of the bail act, particularly because of concern that too many juveniles are remanded in custody and are introduced to what he calls "the university of crime". He has asked the NSW Law Reform Commission to look at sentencing legislation to, among other things, give courts greater discretion. He has announced extra funding for education programs in prison, drug and alcohol rehabilitation services and a second drug court with detoxification facilities, drug testing and treatment.
It is early days and it remains to be seen where these measures lead and whether the O'Farrell government succumbs to a "soft on crime" campaign. Nor is the law and order traffic all one way: the government has legislated for mandatory life sentences for killing police officers.
But this is an issue which has come to defy political pigeon-holing. Bob Carr in NSW took the same attitude as Tony Blair in Britain: that a populist, punitive approach to law and order would protect his political flanks from right-wing attack. Pity about the merits of the policy. Now the coalition government in Britain is changing tack, as has the O'Farrell government. Yet its Liberal-National counterpart in Victoria is headed at least partly in the opposite direction, with moves for mandatory minimum sentences for some juvenile offences, despite the evidence of Victoria's superior performance with its emphasis on alternatives to prison.
The change in thinking was perhaps best captured by another conservative politician, New Zealand's deputy prime minister Bill English, who in May described prisons as "a fiscal and moral failure". No Kiwi, he confidently asserted, wanted to see more large-scale prison building.
Thursday, August 25, 2011
Ray Denning and lessons unlearnt in our justice system
Jack the Insider Blog | The Australian | 24 August 2011
NSW Premier Barry O’Farrell deserves a round of applause. One of his election commitments was to examine the failures of the Bail Act (2007). In June of this year, the O’Farrell Government announced a judicial review into the Bail Act.
Retired NSW Supreme Court judge Hal Sperling QC will oversee the review which will report in November.
A promise made has been kept and Premier O’Farrell and his government gets a big tick.
The Bail Act was a flawed piece of legislation, driven largely by an appalling state Labor Government too eager to promote itself as being “tough on crime”.
Changes to the Bail Act created some very nasty unintended consequences. The policy wonks call it getting the settings wrong. But in human terms the costs are immeasurable or at least we won’t be able to measure them for some years to come.
Rates of youth detention skyrocketed in NSW; up by a third. Of those remanded in custody, only one third had committed subsequent offences. The overwhelming majority had been incarcerated awaiting trial for breaches of bail conditions, most commonly failing to comply with curfews. Many will await trial in custody for a year or more. Hopefully, the review will put a stop to this madness.
In Victoria, the Baillieu Government has run a “tough on crime” agenda. Ask the premier a question on transport, health or education and his brow quickly furrows but mention crime or God forbid, youth crime and he’ll go on for hours.
Now the Baillieu Government is moving forward with its plan to introduce mandatory minimum two year sentences for offenders between the age of 16 and 17 convicted of crimes involving violence.
It smacks of a stunt because sentencing data from the Children’s Court in Victoria shows that young violent offenders are not getting off easily. Secondly, a report from the Sentencing Advisory Council of Victoria reveals empirical evidence that longer sentences don’t act as a specific deterrent to offenders regardless of age.
In researching and creating the subjects and their histories for the documentary series, Tough Nuts on Foxtel’s CI Channel, one overwhelmingly common theme was the criminogenic effects of incarceration. In other words, that prisons and youth detention centres themselves are a major determinant of recidivism.
Our subjects were the worst of the worst: career criminals, mass murderers, drug dealers, people at the very top of the criminal hierarchy. They are the most notorious figures in Australian criminal history: Chris “Rentakill” Flannery, Dennis “Mr Death” Allen, Len “Mr Big” McPherson and John “The Magician” Regan.
Almost invariably they were products of a juvenile detention system where they were subjected to protracted physical and sexual abuse. Grafton Boys’ Home was the alma mater of any serious crook you could name from the 1970s and 80s; Stan “The Man” Smith, George Freeman, “Neddy” Smith and Len McPherson himself.
NSW Premier Barry O’Farrell deserves a round of applause. One of his election commitments was to examine the failures of the Bail Act (2007). In June of this year, the O’Farrell Government announced a judicial review into the Bail Act.
Retired NSW Supreme Court judge Hal Sperling QC will oversee the review which will report in November.
A promise made has been kept and Premier O’Farrell and his government gets a big tick.
The Bail Act was a flawed piece of legislation, driven largely by an appalling state Labor Government too eager to promote itself as being “tough on crime”.
Changes to the Bail Act created some very nasty unintended consequences. The policy wonks call it getting the settings wrong. But in human terms the costs are immeasurable or at least we won’t be able to measure them for some years to come.
Rates of youth detention skyrocketed in NSW; up by a third. Of those remanded in custody, only one third had committed subsequent offences. The overwhelming majority had been incarcerated awaiting trial for breaches of bail conditions, most commonly failing to comply with curfews. Many will await trial in custody for a year or more. Hopefully, the review will put a stop to this madness.
In Victoria, the Baillieu Government has run a “tough on crime” agenda. Ask the premier a question on transport, health or education and his brow quickly furrows but mention crime or God forbid, youth crime and he’ll go on for hours.
Now the Baillieu Government is moving forward with its plan to introduce mandatory minimum two year sentences for offenders between the age of 16 and 17 convicted of crimes involving violence.
It smacks of a stunt because sentencing data from the Children’s Court in Victoria shows that young violent offenders are not getting off easily. Secondly, a report from the Sentencing Advisory Council of Victoria reveals empirical evidence that longer sentences don’t act as a specific deterrent to offenders regardless of age.
In researching and creating the subjects and their histories for the documentary series, Tough Nuts on Foxtel’s CI Channel, one overwhelmingly common theme was the criminogenic effects of incarceration. In other words, that prisons and youth detention centres themselves are a major determinant of recidivism.
Our subjects were the worst of the worst: career criminals, mass murderers, drug dealers, people at the very top of the criminal hierarchy. They are the most notorious figures in Australian criminal history: Chris “Rentakill” Flannery, Dennis “Mr Death” Allen, Len “Mr Big” McPherson and John “The Magician” Regan.
Almost invariably they were products of a juvenile detention system where they were subjected to protracted physical and sexual abuse. Grafton Boys’ Home was the alma mater of any serious crook you could name from the 1970s and 80s; Stan “The Man” Smith, George Freeman, “Neddy” Smith and Len McPherson himself.
Tuesday, August 23, 2011
Unlawful arrests class action set for showdown
ABC Online | 23 August 2011
The New South Wales Government will ask a judge to throw out claims that police could have avoided hundreds of unlawful arrests.
The NSW Police Force is facing a class action in the state's Supreme Court by young people who claim they were wrongfully detained because of glitches in the police computer system.
The claimants are being represented in court by the Public Interest Advocacy Centre.
The centre's senior solicitor, Vavaa Mawuli, says there have been complaints about the problem for years.
"To the Police Commissioner, the NSW Attorney-General and senior staff members within NSW Police and the Attorney-General's office," Ms Mawuli said.
"That's been happening consistently for five years with no result so far."
But despite that the ABC understands the State Government will tomorrow ask the court to throw out the claim that arresting officers should have known of the problem.
The Police Force's own prosecutions unit also warned more than a year ago of an "enormous risk" of claims for damages.
The New South Wales Government will ask a judge to throw out claims that police could have avoided hundreds of unlawful arrests.
The NSW Police Force is facing a class action in the state's Supreme Court by young people who claim they were wrongfully detained because of glitches in the police computer system.
The claimants are being represented in court by the Public Interest Advocacy Centre.
The centre's senior solicitor, Vavaa Mawuli, says there have been complaints about the problem for years.
"To the Police Commissioner, the NSW Attorney-General and senior staff members within NSW Police and the Attorney-General's office," Ms Mawuli said.
"That's been happening consistently for five years with no result so far."
But despite that the ABC understands the State Government will tomorrow ask the court to throw out the claim that arresting officers should have known of the problem.
The Police Force's own prosecutions unit also warned more than a year ago of an "enormous risk" of claims for damages.
Thursday, August 18, 2011
Juvenile detention centre laws challenged
Geoff Chambers | The Daily Telegraph | August 18, 2011
PROPOSED bail law changes which would keep kids out of packed juvenile detention centres are being challenged by the state's top prosecutor.
In a submission to the Law Reform Commission, the Office of the Director of Public Prosecutions disputed the need to repeal a section of the Bail Act, blamed for keeping too many youths behind bars.
Of the 17 submissions lodged with the commission as part of the Bail Act review, the ODPP was the highest-profile agency to resist a major overhaul.
Section 22A effectively limits people to one bail application. "No (it should not be repealed). Sensibly (section 22A) provides a court has power to decline to hear an application where it has heard and considered a previous application in the same case by the same accused unless there are new grounds," the submission said.
"The provision does not specify what 'grounds' means - leaving the accused with widest possible options should a change of circumstances occur." The DPP does not back a separate Bail Act provision for juveniles but has previously supported Bail Hostel services.
In its submission, Corrective Services argued for the bail changes on the basis it was struggling to manage an "increasing [adult] inmate population". "The diverse and difficult to manage mix of offenders is complicated by an increase in the number of inmates who are on remand," the department said.
The number of adult prisoners on remand has jumped 254 per cent since 1994 - coupled with a 55 per cent spike in the number of full-time inmates. The average cost of remanding inmates at the Metropolitan Remand and Reception Centre is $163.50 a day - higher than the daily cost for prisoners in mainstream jail. As at June, there were 405 juvenile offenders on remand.
"Corrective Services supports a number of previous submissions made to the 2010 consultation paper that children and young people should be considered separately to adults when bail is granted or refused," the department said.
Greens MP David Shoebridge said DPP Lloyd Babb had gone "out on a limb" by blocking changes to the Act. "In the few short years since 22A was put on the statute books the numbers on remand have ballooned, costing millions without a shred of evidence it has reduced crime," Mr Shoebridge said.
Mr Babb's position appears to be a rebuff to Attorney-General Greg Smith, who has campaigned for changes to the Bail Act to ease the stress on the juvenile justice system.
Retired supreme court judge Hal Sperling, who is leading the review, will report back by November.
PROPOSED bail law changes which would keep kids out of packed juvenile detention centres are being challenged by the state's top prosecutor.
In a submission to the Law Reform Commission, the Office of the Director of Public Prosecutions disputed the need to repeal a section of the Bail Act, blamed for keeping too many youths behind bars.
Of the 17 submissions lodged with the commission as part of the Bail Act review, the ODPP was the highest-profile agency to resist a major overhaul.
Section 22A effectively limits people to one bail application. "No (it should not be repealed). Sensibly (section 22A) provides a court has power to decline to hear an application where it has heard and considered a previous application in the same case by the same accused unless there are new grounds," the submission said.
"The provision does not specify what 'grounds' means - leaving the accused with widest possible options should a change of circumstances occur." The DPP does not back a separate Bail Act provision for juveniles but has previously supported Bail Hostel services.
In its submission, Corrective Services argued for the bail changes on the basis it was struggling to manage an "increasing [adult] inmate population". "The diverse and difficult to manage mix of offenders is complicated by an increase in the number of inmates who are on remand," the department said.
The number of adult prisoners on remand has jumped 254 per cent since 1994 - coupled with a 55 per cent spike in the number of full-time inmates. The average cost of remanding inmates at the Metropolitan Remand and Reception Centre is $163.50 a day - higher than the daily cost for prisoners in mainstream jail. As at June, there were 405 juvenile offenders on remand.
"Corrective Services supports a number of previous submissions made to the 2010 consultation paper that children and young people should be considered separately to adults when bail is granted or refused," the department said.
Greens MP David Shoebridge said DPP Lloyd Babb had gone "out on a limb" by blocking changes to the Act. "In the few short years since 22A was put on the statute books the numbers on remand have ballooned, costing millions without a shred of evidence it has reduced crime," Mr Shoebridge said.
Mr Babb's position appears to be a rebuff to Attorney-General Greg Smith, who has campaigned for changes to the Bail Act to ease the stress on the juvenile justice system.
Retired supreme court judge Hal Sperling, who is leading the review, will report back by November.
Friday, July 29, 2011
John Hatzistergos and the Bail Act
In the week the NSW Law Reform Commission received submissions on the review of the Bail Act, and begins its' work on the preparation of Hal Sperling QC's much anticipated report to Government, it is worth reflecting on the state our remand population is in, and how it got there.
Many of you will remember fondly the former Attorney-General, John Hatzistergos, who had this to say to Parliament in 2007:
If you want to read someone break this and every other bail-related topic down, then head to the excellent submission by former Magistrate, Max Taylor, for the NSW Council of Civil Liberties here.
An excerpt from his work:
Many of you will remember fondly the former Attorney-General, John Hatzistergos, who had this to say to Parliament in 2007:
“The Government is pleased to introduce the Bail Amendment Bill 2007. The bill builds on the Government’s extensive reforms over the past years to strengthen our bail laws and ensure the community is properly protected while defendants are awaiting trial. New South Wales now has the toughest bail laws in Australia. Over the last few years we have cracked down on repeat offenders – people who habitually come before our courts time and again. Part of those changes includes removing the presumption in favour of bail for a large number of crimes. We have also introduced presumptions against bail for crimes including drug importation, firearm offences, repeat property offences and riots, and an even more demanding exceptional circumstances test for murder and serious personal violence, including sexual assault.
Those type of offenders now have a much tougher time being granted bail under our rigorous system. These extensive changes have delivered results. There is no doubt that the inmate population, particularly those on remand, has risen considerably as a result of the changes. In fact, the number of remand prisoners has increased by 20 per cent in the last three years alone and new jails are being opened to accommodate the increase.”Bless him. He was actually proud of himself. What he failed to mention was the huge increase in the juvenile remand population under his watch, and how very few of these young people actually went on to serve a control order (sentence of detention).
If you want to read someone break this and every other bail-related topic down, then head to the excellent submission by former Magistrate, Max Taylor, for the NSW Council of Civil Liberties here.
An excerpt from his work:
The shameful way this society treats unconvicted juveniles is set out at 0.7. When half the 12 to 17 year olds in gaol are on remand and the reality is that 80% of such young people will not receive a control order within 12 months, then something has gone radically wrong with the bail system. In should be added that juvenile admissions to remand have increased from 3203 in 2005-2006 to 4439 in 2009-2010. In 2005-2006 only 392 went from remand to control. Out of a total of 5073 admissions to Juvenile Justice Centres in 2009-2010 only 472 went from remand to control.
Tuesday, July 19, 2011
Bail laws need reform
Janene Carey | The Armidale Express | 18 July 2011
VISITING Armidale on Friday, the NSW Attorney General Greg Smith said one of his key priorities in office was reforming the bail laws, especially as they apply to the juvenile justice system.
“It’s becoming harder and harder to get bail, particularly for young people who have broken the ties with home,” he said.
“There’s an inordinate number of young people on remand, and only about 20 per cent of them end up getting a custodial sentence. And a lot of them don’t even face a charge that carries a custodial sentence.
“It might be for refusing to move on, or being cheeky to the police. A minor discrepancy - and they end up in custody sometimes for up to six weeks.”
Mr Smith called this situation a breach of criminal justice traditions and said it led to higher crime rates.
“They’re exposed to the worst kinds in there. They meet the wrong people - they’d be better off outside, under supervision,” he said.
He noted this was a particularly significant issue for Aboriginal youth, who make up only three percent of the general population, but form around half of the juvenile detention population.
Mr Smith, who came to Armidale at the invitation of Guyra-based MLC Scot MacDonald, met with several groups of Aboriginal elders during his visit.
His itinerary included inspecting the site of the new Court House, discussions with Indigenous members of the circle sentencing and community justice group, a forum with local lawyers and law students at the University of New England, and an address to a Liberal party regional dinner and conference.
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