Queenslanders rightly expect that young people entering the justice system, are not further encouraged to commit crime. Without appropriate rehabilitation measures, that may well happen.”
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What 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.
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“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.
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There are new and draconian powers of warrantless stop and search once a person is the subject of a Firearms Protection Order
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“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
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Most 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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Why is the government indulging in this reprehensible behaviour? Because it is trying to arrest its way out of the youth crime problem. The Council accepts that there is a youth crime problem. However, this problem cannot be solved by arresting and detainig more children”
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Mr O’Gorman said there is clearly a problem with a cohort of juveniles committing car thefts and violent crime but attacking Judges and Magistrates who cannot defend themselves publicly is a cheap and easy political stunt.
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With respect, in our opinion, the current Youth Justice Act is appropriate for the circumstances and Queensland‘s current environment. Knee-jerk responses to bad publicity should never be used as the basis for law reform.
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Why haven’t the guideline judgment provisions of the Queensland Penalties and Sentencing Act been used by the Premier and the Police Minister to ask the Appeal Court to remedy supposedly soft sentences by Magistrates?
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Civil Liberties Council Vice-President Terry O’Gorman said the Police Minister has apparently decided to join in the Queensland Opposition’s ‘attack the Judges’ strategy as opening shots are fired in the Queensland State Election due in October this year.
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A Human Rights Act is not a panacea, ultimately only an active citizenry can protect our rights and liberties. However, the Act will provide a new tool that citizens of this State can use to protect themselves. Perhaps more importantly, it will force decision-makers to consider the particular circumstances of each individual, about whom they have to make a decision. That must result in better decisions and better government.Despite our criticisms, we are of the view that this Bill represents a bold reform and this is not the time to allow the perfect to be the enemy of the good.
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Economic research indicates that early intervention is a more cost effective way of dealing with crime than conventional sanctions such as imprisonment
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A review of the discussion document indicates that the only research that has been undertaken to prepare it is into opinion polls. It is a document designed to pander to some of the worst prejudices in the community
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