Page 995 - Week 04 - Tuesday, 24 March 2015
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In relation to the rehabilitation of offenders, the committee recommended that the government evaluate on an ongoing basis rehabilitation programs for offenders, allow accused persons on bail and remand access to rehabilitation programs currently only available to sentenced prisoners, and enhance reporting on recidivism in the ACT.
In relation to Indigenous offenders, the committee recommended that the government introduce an explicit statutory requirement for courts to consider the Indigenous status of offenders, create a mechanism similar to Canadian Gladue reports in which the relationship between offending and Indigenous status in particular cases is set out for the information of the court, recognise the Galambany Circle Sentencing Court in statute and expand options for the rehabilitation of Indigenous offenders.
In relation to offenders with drug and alcohol problems, the committee recommended that the government create a drug court in the ACT, introduce a coordinated suite of drug diversion programs, investigate the criminogenic implications of early exposure to drug use, and expand the scope of the ACT community and work order program.
In relation to offenders with mental health problems, the committee recommended that the government increase judicial discretion on questions of defendants’ mental capacity and provide appropriate arrangements for sentenced offenders who are primary carers for children.
In relation to youth offenders, the committee recommended that the government create a single point of coordination for services brought to bear in youth and adult criminal justice systems, create an ACT diversion plan for young offenders, and survey the health and wellbeing of children in the youth justice system.
In relation to parole, the committee recommended that the government provide courts with a discretion to cancel parole where a parolee is accused of committing a crime; allow courts, for shorter sentences, to make parole orders at the time of sentence; provide discretion to the Sentence Administration Board as to how much of a sentence should be served where parole is breached; specify in statute circumstances in which parole may be revoked; and provide that the Sentence Administration Board publish its decisions.
In relation to bail, the committee recommended that the government create a single risk-based approach under which courts would consider applications for bail.
These are important proposals which, in the committee’s view, would significantly add to the effectiveness and efficiency of sentencing in the ACT if put into practice, and we commend them to members for their consideration.
On behalf of the committee I thank all the contributors to the inquiry, including the Attorney-General and his officers, the Minister for Corrections—now Minister for Justice—and his officers, the ACT Bar Association, the ACT Law Society, the Aboriginal Legal Service, Legal Aid ACT, the Australian Lawyers Alliance, Prisoners Aid, the Human Rights Commission, the Victims of Crime Commissioner, the Director of Public Prosecutions, and the official visitors. Also, we thank the ACT
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