Page 1901 - Week 06 - Thursday, 9 June 2016
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behaviour order or an intensive correction order has been made, having the effect of placing restrictions on whom an offender can associate with and the offender’s movements for a specified period.
Currently a NAPRO can be made in relation to an offender who has committed a personal violence offence. Amendments in this bill will see this category expanded to include serious drug offences, serious property offences, serious administration of justice offences—defined as offences punishable by imprisonment for five years or longer—and ancillary offences such as conspiracy and attempt. This will strengthen our police’s ability to protect the safety of members of the community by frustrating organised crime. By strategically preventing certain offenders being in specific places or associating with certain people there will be more opportunities to disrupt criminal gang activities by removing the communication links that are key to their success.
In addition, the amendment to broaden the offences in relation to which a NAPRO can be made will assist in protecting certain victims from the convicted offender, for example victims of stalking, and will be instrumental in removing negative influences from the offender’s life, providing them with an opportunity to rehabilitate. The bill also modernises and relocates move-on powers from the Crime Prevention Powers Act 1988 to the Crimes Act 1900. The primary purpose of the amendments to move-on powers is to clarify their operation and provide ACT Policing with better tools to deal with antisocial behaviours that can intimidate members of the public or reasonably cause them to fear for their safety. The term “exclusion orders” replaces move-on orders in order to better describe the nature of the powers.
These amendments confirm that a police officer may direct either a person or a group of people to leave a public place if the police officer believes on reasonable grounds that they have recently engaged in, are engaged in or are likely to engage in the immediate future in antisocial behaviour in the place. In particular, this will clarify ACT Policing’s ability to deal with certain OMCG behaviours, including activities relating to intimidatory behaviour by groups of two or more people in public places.
The bill also introduces a new bail power of review for the Director of Public Prosecutions in the Bail Act 1992. This amendment will allow the DPP to apply for a review of bail in exceptional circumstances where it is in the public interest to do so and only in relation to family violence offences and certain other serious offences. The amendments outline clear, workable and fair procedures in relation to the application and review process, including details relating to notice, time frames and decision-making.
The government has carefully considered this amendment and I am confident that the safeguards built into it will ensure that the use of the power will be balanced and appropriate. For example, on seeking a review, the DPP must give verbal notice to the court immediately at the time the decision to grant bail is handed down and lodge written notice with the court. This written notice must also be given to the person who is the subject of the bail decision. In addition, guidelines for the review power will be published on the DPP’s website.
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