Page 3435 - Week 11 - Wednesday, 13 October 1993
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The Bill has some other significant social justice implications, particularly the requirement that the court, before imposing a fine, must take into account the offender's financial circumstances. It also addresses the broader issues of crime prevention by noting that, where appropriate, rehabilitation of the offender should be considered by the court. Nevertheless, the Bill does not ignore the concerns of victims of criminal offences. It specifically mentions the due regard which should be given to appropriate reparation to any victim of an offence and, as the Attorney-General mentioned, a comprehensive reference on these issues is currently with the Community Law Reform Committee. I commend this Bill to the Assembly.
MR CONNOLLY (Attorney-General, Minister for Housing and Community Services and Minister for Urban Services) (3.36), in reply: I thank members for their general in-principle support for this legislation. It is an important step in bringing forward a package of reforms to the criminal justice system in the ACT. It is part of the Government's overall strategy to try to simplify the criminal justice system. I would admit that, to a first observer, a piece of legislation which separates sentencing criteria into two proposed new sections, one of which runs up to paragraph (w), does not immediately appear to be a simplification of the law; but, as Mr Humphries indicated, agreeing with the government view, it is helpful to have these principles which are now found in the common law codified so that there is a clear touchstone of the principles which are to be taken into account in relation to sentencing.
Obviously this Bill in itself is not the end of the road in reform of sentencing and the criminal justice system. The Government is committed to bringing before the Assembly a package of reform in relation to corrections; a corrections law which will address many of the issues that Ms Szuty referred to in her remarks. The issue of protecting and giving statutory recognition to the rights of victims of crime is high on the Government's agenda. We have tabled in this place the report on the victims of crime reference from the Community Law Reform Committee. That report has been separated from its draft legislation because there was going to be some delay in getting the draft legislation ready. I felt that it was appropriate to get the thrust of the recommendations before the public by way of tabling in this Assembly. Members seem to agree with the Government that it would not be wise to hold this package up while we bring that to a conclusion. It would be more sensible to put this package through and then return, in due course, and introduce some victim statements into the Crimes Act.
The other issue that was adverted to is the issue of unsworn statements. I have indicated a view that I think they have little place in the criminal justice system. The ACT very soon will be the only jurisdiction in Australia which allows unsworn statements. In fact the ACT, Fiji, South Africa and Ireland will be the only places where unsworn statements are permitted. It is something that really does create a lot of injustice, particularly in sexual assault matters where regularly the survivor of the sexual assault is cross-examined, often quite strenuously, and the perpetrator in the dock can make a statement without being subject to cross-examination. I am pleased that the Assembly's Standing Committee on Legal Affairs is looking at that issue, and we may well be in a position where we are all at one on that before very long.
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