LAW & ORDER

Introduction

Our legal system takes its roots in the Judeo Christian principles found in the Bible and more particularly in the Ten Commandments.

These biblical principles confer rights upon every individual from the first moments of life and uphold the dignity of Man, as God’s creation.

Regrettably, the social and legislative changes begun in the 1960s have done much to undermine respect for human dignity and the protection of the weak.

Nowadays, many see the law as a nuisance, limiting individual liberties and the ability to do as one would like. Consequently, much of the disorderly conduct we see today is a reflection of the lack of concern and respect for others. As a result, many families are now profoundly dysfunctional.

Social policy framework

CDP believes that the solution to the law and order issues confronting our State and nation lie in the identification of the factors that contribute to lawlessness rather than in just better resourcing of our police force.

Naturally, a strong, well resourced police force is critical to the maintenance of law and order but whilst law enforcement is essential, much more emphasis should be placed on early intervention to prevent the development of criminal subcultures, gangs, violence and family breakdown. Only a comprehensive, well coordinated and all encompassing social policy framework will provide the solution to lawlessness.

CDP will therefore work towards the introduction of a non-conflicting body of laws in the areas of schooling, family justice, prostitution and drug law reform to ensure that education, early intervention, prohibition and law enforcement are upheld in each area of policy.

CDP acknowledges that poverty, homelessness and drug addiction are significant contributors to lawlessness and that existing laws in these areas require significant amendments. In particular, the defeatist mind set behind the philosophy of harm minimisation must be denounced and instead policies encouraging changes in personal attitudes and responsibilities should be introduced as there is no such thing as safe minimum harm levels.

Access to courts

CDP believes that:

- all people are entitled to equal access to the Courts;

- all people are entitled to the choice of whether or not to have legal representation;

- no one should be discriminated against on the basis of whether or not he/she has a small or large claim to bring to the Courts;

- our children should be taught, by the example of parents and those in authority, to be accountable for all their debts whether they are small or large.

Consequently, CDP will seek amendments to the Magistrates Court (Civil Proceedings) Act 2003 which prevents the recovery of the costs in engaging a solicitor for successful applicants with claims of less than $7,500.

Appropriate penalties and sentencing

CDP will work towards the introduction of minimum mandatory sentencing to ensure that penalties imposed reflect appropriately the severity of the crime committed.

Judges and magistrates should only be able to use their discretion to impose sentencing above a minimum mandatory level which in turn should reflect community expectations.

CDP will seek to abolish the practice of automatically reducing all sentences by one third. Wherever possible, CDP will see that victims receive compensation from the offender for the damage or harm done and that the DPP is appropriately resourced to seek restitution and compensation orders.

CDP will also seek to have restitution orders attached to damage done to public property (e.g. Graffiti on government buildings)

Parole

CDP believes that the parole system should be maintained but not abused.

CDP will work to achieve a change in the public perception of what parole is all about: CDP believes that parole should not been seen as a reward for good prison behaviour but rather as an opportunity to rejoin the mainstream of society under guidance and supervision for prisoners deemed unlikely to re-offend.

CDP will work to ensure that parole is not set below the minimum mandatory level of sentencing.

Police

CDP is committed to equipping the police department with all the resources needed to maintain law and order and therefore the safety of all law-abiding citizens.

CDP will see that police officers are adequately remunerated for the risks they take in the deployment of their duties.

CDP will introduce harsher penalties for offences committed against a police officer: these penalties will be set at a higher level than those for similar offences committed against the general public.

CDP will see that the highest possible penalties are imposed against corrupt police officers.

Drug courts

CDP will work to establish drug courts operating on the following basis:

• The party appearing before the court pleads guilty to a felony, possession of a controlled substance, or a forged prescription or possession with intent to distribute.

• The plea is held in abeyance until the person completes an approved rehabilitation course. On graduation, the plea is withdrawn and criminal charges are dismissed.

• Course participants are checked during the course through urine tests. If participants relapse, they need to start the course again or face criminal charges.

Prisons

The prison system should be a means to deter offenders from recidivism and an environment facilitating the delivery of just punishment but it should also provide for the repentance, restitution and restoration of the offender with respect to the victim and his or her family.

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CDP will see that close consideration is given to the recommendations made by the Hon Dennis Mahoney in his report (Inquiry into the Management of Offenders in the Community and in the Community, November 2005) and in particular to the following:

- The case management approach to prisoners should be continued.

- Further resources should be directed to the development of management skills for special groups of prisoners and in particular Aboriginal offenders who are well over represented in the prison population.

- More resources should be devoted to the resocialisation of prisoners. A system of direct funding to non governmental organisations which provide services for offenders should be established. Various organisations could also be regrouped under one umbrella, to minimise duplication of efforts and inefficiencies.

- Additional resources should be directed to improve the literacy and numeracy of offenders who require assistance in this regard.

- Further opportunities to increase and develop ‘prison industries’ including by commercial and charitable arrangements should be promoted.

Victim impact statements

CDP will introduce legislation to ensure that the sentence imposed takes account of the impact of the harm or injury suffered by the victim. Although the courts make some use of victim impact statements, these are usually of poor quality and not highly reliable.

CDP will introduce laws to ensure that the State pays for the costs of obtaining a psychological report from the victim’s treating psychologist, psychiatrist or counsellor in order to obtain a more comprehensive overview of the effects and impact of the offence on the victim’s health, especially mental health.

Criminal injuries compensation

CDP will work for a review of the legislation. Criminal injuries compensation is an important part of the justice system since restitution is not always possible, particularly as many offenders do not have the financial resources to compensate the victims.

Siblings and foster parents should be considered close relatives and entitled to claim as secondary victims even if they have not seen the offence committed.

Prostitution

CDP will work to wind back the prostitution reform laws introduced by the Carpenter government and adopt instead a system similar to what is practiced in Sweden whereby the client is fined for soliciting.