Page 2804 - Week 09 - Tuesday, 11 October 2022

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And from another article, “Persistent bail breaches”:

Many of these Toric POIs are regulars on the ACT court lists, persistent bail breach offenders, and with a list of priors which would fill a police notebook. It’s little surprise that breach of bail offences year to date in the ACT are running at an all-time high.

Madam Speaker, the evidence of a real problem with sentencing and bail is compelling. There is a lack of confidence in our justice system. That lack of confidence comes from our police and from victims. It is not just the police and victims and the opposition calling for an independent review, it includes the government backbenches.

In response to a post by Tom McLuckie, on his Facebook page, Dr Paterson posted the following on 26 September:

Congratulations Tom and Sarah on the petitions. I do also support your call for a review of sentencing in the ACT. I think we should always strive to improve outcomes for the community (which should include a rehabilitation focus and may very well include community correction orders, good behaviour orders etc) but the community should feel confidence in these decisions - particularly around judgments for serious criminal offences. There is work to be done.

Madam Speaker, I agree with Dr Paterson, there is work to be done. But the Attorney-General is refusing to do that work. What has been his response? It is to deny the need for an independent review but to rush out last Friday what appears to be a half-baked proposal for an advisory committee. Now the committee has no detail with it. It will have no powers. Sadly it will achieve nothing because it is going to be stacked with current stakeholders who argue that there is no problem with the current system.

The Bar Association is to be represented on the committee. Their response is to reject the need for systemic reform because the appeal process, in their view, is already doing what is required. This is the same appeals process that has a record number of successful appeals and would no doubt have had many, many, more if the resources were available. I remind you that an appeal is meant to be rare and is usually when a sentence does not meet community standards. Appeals are not the systemic review. They are simply an individual point in an individual case.

Now the Law Society do not even believe that Mr Rattenbury’s committee is necessary, let alone an independent review! They, and the Attorney-General, argue an independent review is only going to look at a point in time. That is wrong. A proper systemic review can look at sentencing and bail trends over the last five years or over the last decade. If there is anything that is a point in real time review, it is an individual appeal that is limited to certain aspects of a specific case. Nothing will emanate from this committee. Everyone knows it is whitewash. It is a sham.

Now the Attorney-General and groups who represent the lawyers and the criminals, and accused criminals they represent, do not want change. They are happy with the status quo. But our community, victims and police do want change. I am on the side of the police, and I am on the side of victims.


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