Karen,
I have asked you once before to not 'shout' by using capitals. I'm
afraid this is the last warning. If you persist I will have to remove
you from the list.
Trudy
Karen Crook wrote:
>
> F YOU WANT TO KNOW EXACTLY HOW MANDATORY SENTENCING IS APPLIED, HAVE A READ
> OF THIS FROM THE NT GOVERNMENT.
> IT EXPLAINS EXACTLY WHAT HAPPENS AND WHY.
> PREVIOUSLY, I WAS DUBIOUS ABOUT MANDATORY SENTENCING BECAUSE OF ALL THE
> MENTION OF HUMAN RIGHTS ETC.
> BUT NOW AFTER READING THIS AND SEEING EXACTLY WHAT SORT OF 'PUNISHMENTS' ARE
> HANDED OUT AND WHAT PROGRAMS ARE ON OFFER BEFORE THEY ARE PUT INTO A
> DIVERSIONARY CENTRE, I CANNOT SEE THAT MANDATORY SENTENCING IS TO BLAME.
> ALL THE OFFENDERS HAVE CHOICES.
> KAREN
>
> HAVE A READ:
> Mandatory Minimum Sentencing
> The recent controversy over mandatory sentencing has confused many people
> into believing offenders are imprisoned wihtout any option on their first
> brush with the law.
> This is not true.
> Juveniles are not incarcerated in the Northern Territory for a single
> housebreaking or stealing offence - they are sentenced after they have
> established a pattern of criminal behaviour, and offer no remorse or regard
> for the rights of the victims of crime.
> Adults do face imprisonment on their first offence aged 17 years and over,
> but any criminal history they incurred as a juvenile does not count for the
> purpose of mandatory sentencing.
> And even adults can escape imprisonment under the 'exceptional
> circumstances' provisions of the legislation.
> This is how the system works.
>
> The Hon. Denis Burke MLA
> Chief Minister & Attorney-General for the Northern Territory
>
> JUVENILE (Aged 15 and 16 years)
> Burglary, Stealing, Car Theft and Property Damage
>
> 1ST Police Caution: Except in the most serious cases, NT Police caution
> juveniles they apprehend for property offences for the first time. They do
> not usually go to court.
> No further police or court action.
>
> 2ND(Charged in Court): Most cases – the court counsels young offenders
> without penalty. They are usually NOT sentenced.
> When a juvenile appears before a court for the first time, and is found
> guilty of a property offence, the court is not required to send the offender
> to a detention centre. The court may counsel the juvenile without recording
> a penalty, require the juvenile not to re-offend for a period of time, or
> make the offender pay a fine or work in the community.
>
> 3RD(Charged in Court): Participate in diversionary program if suitable
> otherwise 28 days detention**.
> When a juvenile is found guilty of a second property offence, he or she can
> co-operate with the court by agreeing to participate in a diversionary
> program as an alternative to spending time in a detention centre. The range
> of diversionary programs is listed below. If a juvenile satisfactorily
> completes a diversionary program, the court may discharge the juvenile
> without a penalty.
>
> 4TH(Charged in Court): 28 days detention. Court can decide more than
> minimum.
> When a juvenile appears before a court for the third time or more, and is
> found guilty of a property offence, the court must order the juvenile to
> spend 28 days in a detention centre. An offender may be found guilty of one
> or many property offences on the same day, but the court is only required to
> impose one sentence of 28 days. The court may decide to sentence the
> offender for more than the mandatory minimum period.
>
> **If the juvenile does not want to participate in a diversionary program, or
> if the court thinks that the juvenile is unsuitable, or if the juvenile
> fails to satisfactorily complete the program, the court must order the
> juvenile to spend 28 days in a detention centre.
>
> DIVERSIONARY PROGRAMS APPROVED AND GAZETTED IN 1999
> Diversionary Program components of the following community based schemes:
> - The Duke of Edinburgh's Award in Australia
> - Holyoake Adolescent Program
> - Jawoyn Training and Employment Program
> - Youth for Christ Foundation Employment Access Training (FEAT)
> - Youth for Christ Project STAR (Adventure Plus)
> - Youth for Christ Redirecting Adolescent Potential (RAP)
> - Somerville Functional Family Therapy/Intervention Programs
> - Tangentyere Council Indigenous Five-A-Side Soccer Program
> - Victim/Offender Conferencing Program
> - Centacare Job Placement Employment and Training Program
>
> The 11 new programs approved on February 15, 2000 are:
> - Harts Range Diversionary Program
> - Gap Youth Centre Aboriginal Corporation
> - Katherine Town Council
> - Angurugu Bridging the Generation Gap Project
> - Imanpa
> - Central Australian Aboriginal Alcohol Programs Unit
> - Santa Teresa
> - Papunya
> - Yuendemu
> - Katherine Alcohol and Drug Association
> - Titjikala.
> Additional programs proposed by the following communities are still being
> considered:
> - Umbakakumba
> - Timber Creek
> - Borroloola
> - Beswick
> - Corella Creek
> - Yirrikala
> - Ngukurr
> - Jilkminggan
> - Baartunga
> - Oenpelli
>
> ADULT (Aged 17 or over)
> 1ST Court: 14 DAYS - The court is not required to send a first offender to
> prison if the offence was comparatively trivial and he/she can prove that
> there were exceptional circumstances.
> The offender must also have made an effort to make full restitution to the
> victim and have co-operated with police. Offences committed as a juvenile
> do not count for the purposes of mandatory sentencing of an adult.
>
> 2ND(Court): 90 DAYS - If offender is found guilty of one or more property
> offences on the same day, the court is only required to sentence the
> offender to the mandatory minimum sentence.
> Depending on the seriousness of the crime, the court may decide to sentence
> the offender for more than the mandatory minimum period.
>
> 3RD(Court): 12 MONTHS - Court can sentence a repeat offender to more than
> the mandatory minimum.
> NB: The court MUST impose a sentence of imprisonment on an offender found
> guilty for a second time of a violent crime. The court MUST impose a
> sentence of imprisonment on an offender found guilty of a sexual offence.
> There are no set minimum periods of imprisonment for violent and sexual
> offenders. The sentence is left to the discretion of the court.
>
> Written and authorised by Denis Burke, Parliament House, Darwin
>
> -----Original Message-----
> From: [EMAIL PROTECTED]
> [mailto:[EMAIL PROTECTED]]On Behalf Of Trudy & Rod Bray
> Sent: Monday, 3 April 2000 4:51 PM
> To: RecOzNet2
> Subject: [recoznet2] Four Corners Tonight - ABC at 8:30 pm
>
> http://www.abc.net.au/4corners/
>
> TONIGHT... In February a
> 15-year-old Aboriginal boy
> hanged himself in a juvenile
> detention centre in Darwin.
> His action unleashed a
> furious national and
> international debate on the
> morality of the Northern
> Territory's mandatory
> sentencing laws.
> With a private member's bill
> set to be introduced into the
> House of Representatives to
> overturn the Territory's laws -
> 4 Corners explores the human
> impact of those laws.
> Award-winning reporter Liz
> Jackson speaks to Territory
> lawyers, politicians,
> magistrates and members of
> the Aboriginal community. She
> finds that the (usually) young
> Aboriginal males imprisoned
> under the laws aren't the only
> victims.
> Lawyers tell how they feel
> helpless in representing their
> clients. A senior magistrate
> tells how the courts are no
> longer accountable when their
> role is effectively taken over by
> the police. Aboriginal
> communities explain how they
> feel under threat as their
> young people are taken away
> to prison.
> Jackson investigates the
> detail of the 15-year-old boy's
> case and paints a portrait of
> who he was and where he
> came from.
> She tracks the ebb and flow
> of debate in Canberra, where
> moderate Liberals wrestle with
> their consciences and their
> colleagues over "states'
> rights".
> And she examines how
> mandatory sentencing became
> a central issue in a heated
> Territory by-election.
> GO TO JAIL will be
> broadcast on ABC TV on
> Monday, April 3, at 8:30pm
> and repeated at 1pm on
> Tuesday April 4.
>
> ALSO:
>
> Join reporter Liz Jackson
> and producer Lin
> Buckfield for an online
> forum tonight 9.30pm
> (EST).
> Read Liz Jackson's bio.
>
> --
> _________________________________
> Truth is a pathless land. --- Krishnamurti
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> This posting is provided to the individual members of this group without permission
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> copyright owner for purposes of criticism, comment, scholarship and research under
>the "fair
> use" provisions of the Federal copyright laws and it may not be distributed further
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> permission of the copyright owner, except for "fair use."
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> RecOzNet2 is archived for members @
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--
_________________________________
Truth is a pathless land. --- Krishnamurti
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copyright owner for purposes of criticism, comment, scholarship and research under
the "fair
use" provisions of the Federal copyright laws and it may not be distributed further
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