QLD Mandatory Sentencing Policy Paper Launched
Monday 7 April 2014 @ 10.43 a.m. | Crime
Queensland Law Society launched its mandatory sentencing policy paper last week (4 April 2014) that unpacks significant issues relating to costs and transparency.
Australia’s new Human Rights Commissioner Tim Wilson and Queensland Law Society president Ian Brown spoke at the launch. Mr Brown stated it was important to discuss issues about mandatory sentencing, given its frequent use as an apparent crime deterrent.
“Our policy paper details concerns about mandatory sentencing and forms the foundation of our future advocacy work in this area...These types of laws are arbitrary and can lead to serious miscarriages of justice...There can be a number of factors involved in a crime and this is why it’s important to maintain judicial discretion."
The QLD State government has introduced at least 10 new mandatory sentences for crimes, including for sex offenders who remove or tamper with their monitoring bracelets and people found to be members of criminal motorcycle gangs. Attorney-General Jarrod Bleijie said while the government "supports the judiciary independence and the importance of judicial discretion", it had "made a commitment to Queenslanders that we would make this state the safest place to raise a family".
"We have brought in some mandatory sentences for serious offences, including child sex offences, murder and gun crimes..A mandatory sentence doesn't necessarily mean jail time and one example of that is our mandatory graffiti removal order for vandals, where they are required to clean up their mess. That is a win for the community."
Current research suggests that the public at large is often misinformed about trends in crime and criminal justice and this lack of accurate knowledge is associated with lack of confidence in sentencing and increasing penalties is unlikely to result in a change to public perception.
The experience in NT of mandatory sentencing provisions offer these as enlightening examples:
"...A 16-year-old with one prior conviction received a 28 day prison sentencing for stealing a bottle of spring water...a 21-year-old broke into a smoko room on Christmas day and stole biscuits and cordial to the value of $23. He received one years' imprisonment because he had two previous convictions for property offences."
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