Comrades, despite the so-called break through by the Howard government on changes to mandatory sentencing, little has changed. Under the deal Howard has struck with the Northern Territory, the age of juverniles has been increased to 18 years and police now have wider discretion at pre-sentencing stage. As the article below from the Sydney Morning Herald points out this does little, and if anything it negates the principle of the presumption of innocence. Howard has only reached this deal to quell a backbench revolt in his party room, hoping that the issue will now go a way and that this "deal" will fool the public into thinking that the mandatory sentencing issue has been solved. As we all know it has not. For the information of Australian comrades, I have included the Mandatory sentencing rally dates for this Friday (14th). The Blue Mountains action last Friday was highly successful with over 400 people (200 of which were students) attending at short notice. Students from a number of schools attended, defying orders by principles not to attend. The rally was quite militant. Nooses were hung from trees representing Aboriginal deaths in Custody, when police tried to take them down and push students back from the barricades, students refused to move and succeeded in stopping police from pushing them back or removing the nooses. Students continuing the rally by picketing the restuarant where the PM had lunch. comradely Kim B ___________________________ LAWYERS ASK: What about presumed innocence? By Bernard Lagan Lawyers in the Northern Territory have condemned Sunday night's deal brokered b y the Prime Minister, Mr. Howard, to exempt some juveniles from mandatory detention sentencing in the Territory. The Northern Territory Law Society said yesterday the changes were a face saving deal that sacrificed the fundamental principles of justice for many people in remote Aboriginal communities. " The bottom line is we still have mandatory sentencing for young people and adults: said the society's president Mr. Jon Tippet. "We are … faced with a ridic7ulous situation where children are being required to enter programs before their guild or otherwise has been determined. What happens to the presumption of innocence and how many young people fearful of the police will undertake diversionary programs [to avoid the possibility of charges being laid and potential mandatory sentencing] when they didn't commit a crime?' Under the changes, negotiated with the Territory's Chief Minister, Mr. Burke, police will have discretion to divert first and second time juvenile offenders into diversionary programs at the pre-charge stage for minor crimes. But they will still face possible detention for a second offence and mandatory detention for a third. The mandatory jail term laws will still apply to those age 18 or more, beginning with a two week jail term for a first offence, rising to a year for a third. The NT Police Association also expressed strong concerns about the changes, saying that the police had not been consulted before Monday's announcement. It said the discretion of officers were to be given as to whether charges should be laid against more serious juvenile offenders would not be underpinned by a law change, therefore expose the police to legal challenge. "Police officers may well now be liable to judicial review in the NT Supreme Court for exercising the new discretions required of them", said the association's executive officer, Mr Andy Smith. "We are concerned that while the deal may appear a clever political soluti9ons, it may in fact be a legal minefield for polcie officers". The North Australia Aboriginal Legal Aid Service said for young offenders to enter a diversionary scheme, they would have first to admit to offences. "But what if you deny it?" asks its director, Mr. Gordon Renouf. "on one hand you can choose to admit to something you didn't do. On the other, you could choose to co to court. If you are convicted, you are faced with getting stuck in a mandatory sentencing scheme". In a joint statement ATSIC commissioners, Northern Land Council lawyers and doctors said: " The Commonwealth is rewarding the NT Government for introducing racist law with a %5 million payoff". The Senate leader, Senator Hill, said he believed there should not be provision for judicial review of the police officers' actions. "I think that to overlay it with too much judicial review may well have the effect of avoiding the very objective that you are seeking - and that is that, particularly in smaller communities, police offers will be give greater discretion to work with local offenders to avoid detention and to put them on a better path for the future", he told the Senate. But he said he wold have to check the details. _____________________________________ STUDENT STRIKE/WALKOUTS - PROTEST MANDATORY SENTENCING, SUPPORT THE STOLEN GENERATIONS RESISTANCE, Socialist Youth Organisations will be holding a series of Student Strikes/High School and University Walk outs over the next week in cities across the country. DEMANDS: abolish mandatory sentencing in NT and WA for youth and adults sack Herron apologise and provide full compensation to the stolen generations recognise native title act on the recommendations of the Royal Commission into Deaths in Custody restore funding to ATSIC and Abstudy RALLY DETAILS: NEWCASTLE - Friday 14th April, 2pm - Hunter Street Mall For more info call: Erin 02 49265323 SYDNEY - Friday 14th April, 1pm -Hyde Park North For more info call: Bea - 02 02 9690 1977 CANBERRA - Friday 14th April, 1pm - Garema Place, Civic For more info call: Ruth - 02 6247 2424 MELBOURNE - Friday 14th April - details to be announce For more info call: Ray - 02 9639 8622 Rallies are also currently being organised in other cities. For info on rallies in your city contact: Bea on 02 9690 1977 or Kerryn on 02 9690 1230 --- from list [EMAIL PROTECTED] ---