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
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