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Top legal and justice experts warn NSW government against new bail laws

March 18, 2024
in Australia
Reading Time: 3 mins read
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Greater than 500 authorized practitioners, group staff and teachers have expressed grave issues concerning the unfavourable impacts of the New South Wales authorities’s plan to tighten bail legal guidelines in response to youth crime.
A separate letter from 60 of the nation’s high authorized and justice organisations has additionally been despatched to the NSW Premier Chris Minns, calling for the brand new legal guidelines to be scrapped.
“This can be a devastating betrayal of Aboriginal kids and different susceptible teams throughout NSW,” the letter reads.
“Throwing extra kids in jail will result in horrific outcomes for communities, households and people kids, compounding abuse and trauma.”

Introduced final week, the proposed laws would see a tightening of bail situations for re-offenders aged 14 to 18 and a brand new “publish and boast” social media offence for crime movies posted on-line.

Aboriginal Authorized Service NSW ACT CEO Karly Warner advised NITV the impacts could be devastating for First Nations younger individuals within the state, who make up greater than 50 per cent of youth incarcerated.
“Tightening bail legal guidelines which might be going to affect on so many children throughout New South Wales is nothing greater than a political stunt,” the palawa lady mentioned.
“Throwing our youngsters in jail has by no means labored.

“That is going to be an unmitigated catastrophe for households, communities, and the youngsters concerned.”

Extra younger individuals behind bars

Ms Warner says the proposed change will solely make the issue worse and result in extra Indigenous kids behind bars.
“They need to be investing in pro-active, group led options that they’ve agreed to below Closing the Hole,” she mentioned.
The Redfern Authorized Centre CEO Camilla Pandolfini advised NITV the brand new legal guidelines is not going to make group safer, regardless of that being the important thing driver of the change.
“They’ll solely have a dangerous have an effect on on younger kids we are attempting to divert from the prison justice system,” Ms Pandolfini mentioned.
“Proof reveals that place primarily based constructive options are what divert kids from the prison justice system.”
With the legal guidelines but to be handed in parliament, Ms Pandolfini hopes the NSW authorities will pull the pug earlier than they’re enacted.

“We’re calling desperately on the NSW authorities to not purse these legal guidelines,” she mentioned.

Advocates level to years of analysis

Dr Mindy Sotiri has labored in prison justice system as a practitioner, tutorial, and researcher for greater than 20 years.
She says the proposal goes in opposition to many years of proof that means stricter bail situations don’t work to scale back crime charges.
“Deterrence just isn’t achieved by threatening additional punishment,” Dr Sortit advised NITV Information.

“So the coverage itself, which purports to be about group security, truly flies within the face of what the proof says will work in the case of truly constructing secure communities, decreasing crime, and … the drivers of why it’s that kids find yourself in touch with the justice system within the first place.”

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Tags: BailExpertsgovernmentjusticeLawslegalNSWTopwarn
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