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The Council accepts that it is a fundamental human right of all persons particularly children to be protected from sexual assault. However, proposals such as Daniel’s law are most likely to have the opposite effect and do harm to innocent people such as victims”, says QCCL President Michael Cope
Read MoreIn our submission no changes should be made to the rights of victims which undermine the rehabilitation of the prisoners. The only consequence of that would be to create more victims, which surely is not the intention of the review let alone the government.
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“Inconvenience or offence, as opposed to violence, experienced by some people cannot justify a law which needlessly exposes some of the most disadvantaged people in our community to the loss of liberty and the heightened risk of serious injury or death” said Mr Cope
Read MoreThe current project by the Commission ‘ticks all the boxes’ in relation to the primary principles guiding Law Reform Commissions namely independence, transparency, accessibility and coherence.
Read MoreThe likely result of these laws is that responsibility for the commission of these crimes will be passed on to parents and other relatives who didn’t check the register or didn’t take some hypothetical steps rather than responsibility clearly and solely lying with the offender.
Read MoreIt is submitted that in relation to the Commission making a public statement both in relation to the corruption assessment stage and at the conclusion of the Commission’s investigations, the Bill should be amended to make it clear that the provision contained within Section 65A(4)(g) namely “whether the statement may unreasonably damage the person’s health, safety or wellbeing or privacy or reputation” should be given significant weight by the Commission in deciding whether to issue a public statement.
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It is our position that reverse onus offences are never justified, as the burden of proof should always be borne by the State, with its superior powers and resources. However, since this is unlikely to be accepted, we submit that if members of the public must have the burden of proving their innocence, then the evidentiary standard must be possible for a private citizen to feasibly challenge, and judges must have sufficient discretion to ensure a fair trial. The scheme as currently implemented satisfies neither of these criteria.
Read MoreQueenslanders rightly expect that young people entering the justice system, are not further encouraged to commit crime. Without appropriate rehabilitation measures, that may well happen.”
Read MoreWhat is truly extraordinary is that the Attorney, an experienced lawyer, has made a clear admission of the injustices that will be perpetrated in the future with no concerns for consequent human harm. That harm will flow not only to the incarcerated offenders but their later victims.
Read MoreIn making this complaint it is recognised that the event which caused the death of the person driving the car that was hit by the accused person is a significantly and deeply tragic event. It is because of the understandable public outrage that follows such an event that the pretrial publicity rule forbidding publication of an accused’s criminal history exists.
Read MoreWe cannot permit a system to stand which allows people to be sent to jail for years for exposing killings and other gross violations of human rights.
Read More“These laws have clearly been rushed and should be withdrawn until there is further and more substantial consultation” says President Michael Cope
Read More“Mr Crisafulli should tell Queenslanders what he is going to do to remedy the serious failure to rehabilitate young offenders in Queensland juvenile jails and what he is going to do to address the multiple problems in juvenile justice as outlined in Mr Worrall’s Report”, Mr O’Gorman said.
Read MoreAny set of rights is pretty useless if you do not have an environment in which you can enjoy them. To that end, we do support the inclusion in the Act of a right to a healthy environment
Read MoreThe proposal that ‘associates’ can have a Firearm Protection Order made against them simply because the associate ‘knows’ a recognised offender is objectionable because of the width of the provision and the effect that an FPO can have on that associate’s ability to hold rural employment.
Read MoreThere are new and draconian powers of warrantless stop and search once a person is the subject of a Firearms Protection Order
Read MoreWe are particularly troubled by the objectives apparently underpinning the legislation, including exclusion of entire nations from migration to Australia, further criminalisation and exposure to imprisonment and detention of people seeking safety in Australia, and circumvention of the impact of a prospective High Court decision regarding unlawful administrative detention.
Read MoreThe Premier is no better than previous LNP Premier Campbell Newman when he attacks Judges for cheap political gain in order to deal with the current law and order public stoush.
Read More“The Premier’s suggestion that Magistrates’ behaviour should be changed when he full well knows it is his Government’s policy as reflected in Queensland’s Youth Justice Act that the law is as pronounced by Magistrate Power reflects the Premier’s weak and unprincipled repetitive attacks on Queensland’s Judiciary”, Mr O’Gorman said
Read MoreMost persistent offenders acquire a criminal record, so one option is to increase the rate at which we imprison recidivist juvenile offenders. Even the most optimistic research to date suggests that incapacitation is not a very cost-effective way of reducing juvenile crime. The money we spend incarcerating juvenile offenders would, in many circumstances, be better spent treating or trying to rehabilitate them. There is good evidence that treatment for drug dependence is an effective way of reducing re-offending. There is also good evidence, despite earlier suggestions to the contrary, that it is possible to rehabilitate re-offenders using methods such as conferencing, cognitive behavioural therapy or training in basic life skills.
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