Showing posts with label criminal-law. Show all posts
Showing posts with label criminal-law. Show all posts

Friday, May 28, 2004

Conference: Indigenous Legal Services in Crisis?

Indigenous Legal Volunteers

Current issues in legal services for Indigenous Australians Wednesday 16 June and Thursday 17 June 2004 Sydney.


Are Indigenous legal services in crisis? Is there a more general crisis across the range of organisations and individuals providing services around legal business? Regardless of the ATSILS tendering process, there are issues on the boil right across the country.

The future may be a very different place. The Indigenous Law Centre is hosting a conference that will reveal information, encourage debate and foster networks. We apologise for the short notice but extend a warm invitation to join us here in June.

With this two-day conference we aim to:
consider issues affecting service delivery right now; explore pressing legal issues; share knowledge and innovation; discuss possible futures for service delivery; affect public policy in these areas; and celebrate the work of Indigenous legal services and their partners.

The conference program will include sessions that cover:
hot spots in the law: family, criminal and civil
accessibility and cultural sensitivity: in whose eyes?
innovation in service delivery
getting in early: breaking cycles
to tender or too tender: the future for specialist Indigenous legal services
recommendations from the Royal Commission: a[nother] reckoning
resolving disputes and conflict: methods and madness
services from other sources: roles, relationships, communication
governance, management, accountability
resources: cold hard cash, pro bono, services in-kind
understanding and measuring legal needs

The conference will be of interest to:
lawyers, paralegal staff, field officers, administrators, educators, board members, counsellors, Aboriginal and Torres Strait Islander Legal, Services, Indigenous Women's Legal Services, Family Violence Protection Legal Units, Community Legal Centres, Legal Aid Commissions, Native Title Representative Bodies, public lawyers, policy makers, police services, courts, public prosecutors and defenders, councillors and staff of ATSIC Regional Councils, private legal practitioners, researchers and students, staff of other organisations providing services to, Indigenous Australians, advocacy and rights organisations.

More information:
program: A detailed program will be made available shortly. Your ideas about topics and speakers are very welcome. We can arrange places to meet for groups with shared interests. Please direct any suggestions or inquiries to the Indigenous Law Centre at ilc@unsw.edu.au or call 02 9385 2252.

Venue: The venue is the Mathews Theatres at the Kensington campus of the University of New South Wales. The campus is easily accessible from the city, eastern suburbs and airport. Enter through Gate 9 on High Street or through the Anzac Gate on Anzac Parade and follow the University Walk to Upper Campus. Maps are available at Indigenous Law Centre Faculty of Law University of New South Wales Sydney 2052 Australia phone 02 9385 2252 fax 02 9385 1266 email ilc@unsw.edu.au

Indigenous Law Centre Faculty of Law UNSW
Terry Hicks (David's father), Maha Habib (Mamdouh's wife) and Stephen Hopper (Habib's solicitor) will hold a Press Conference at 2pm, Saturday 29 May, at Breakout, 65 Bellevue St, Glebe. They will be speaking at the Justice for Hicks and Habib public forum to be held at 6pm tomorrow, Saturday 29 May, at the Granville Youth and Community Recreation Centre, 3A Memorial Drive, Granville.

Press Release *** Press Release *** Press Release Friday 28 May 2004.

Related:

Amnesty sees lack of progress on reconciliation
Amnesty International says the Federal Government must be held accountable for its commitments to Indigenous services. Amnesty's annual report highlights Australia's record on Indigenous social justice, raising concerns about what it calls a lack of progress in reconciliation, as well as violence against women and deaths in custody.

Aboriginal Land Council Vs Daily Telegraph
THE DAILY TELEGRAPH: "Apparently, Metro officers sponsored Anthony Mundine's company to display a logo in the ring during his September fight against American Antwun Echols.

Amnesty report criticises Aust, US
Amnesty International has accused Australia of using national security to justify the erosion of human rights and says the United States has proved "bankrupt of vision and bereft of principle" in its fight against terrorism and invasion of Iraq.

Redfern drug dealers: Who is Mr Big?
Police officer blames Redfern riot on heroin instead of a police pursuit? And who's the Koori junkie living on the hill with all the cash? A senior Redfern police officer says a flourishing illegal drug trade is the main cause of problems in Redfern's Aboriginal community, known as The Block. But just like Kings Cross it doesn't get cleaned up and the Mr Bigs are living like pigs. Ha ha. That's right someone supplies and someone accumulates large sums of money and someone has targeted Redfern and allows it to flourish there.

Update: ATSIC Abolition:
On 16 April 2004 on the Jeremey Cordeaux Radio show South Australian Premier Mike Rann attacked ATSIC as a disgrace and falsely alleged it was wasting the $2.6 Billion. Jeremey wrongly claimed it was 2003-2004 budget (the figure is a better approximation of the the MAINSTREAM $Bs amount that the Federal Liberal Government took from ATSIC and already gives annually to mainstream Commonwealth Departments from 1996).

The bone has been pointed at Howard
A Queensland Indigenous leader says an ancient Aboriginal curse placed on Prime Minister John Howard is no laughing matter and could even have deadly consequences.Suspended Aboriginal and Torres Strait Islander Commissioner (ATSIC) chairman Geoff Clark was with a group of Aboriginal people who performed a ceremony known as pointing the bone at Howard at Colac in south-west Victoria this week.

PM in denial over Redfern Death in Custody
Prime Minister John Howard says treating Aborigines differently is contributing to violent confrontations with police.

INDIGENOUS EMPLOYMENT: ISJA
If we want to survive we must work at it Indigenous unemployment reaching crisis: welfare group Action to lower Indigenous unemployment rate Govt underspends on indigenous employment: dept Economic development: The outback malaise Call for end to Indigenous welfare cycle.

O'Shane blasts constitution
Controversial New South Wales magistrate Pat O'shane has described the Australian Constitution as flawed and grossly inappropriate.

Demounting Auntie Isabel Coe
The information demountable and Auntie Isabel Coe's demountable were set alight at 3am last Saturday morning. The info demountable was completely destroyed- 31 years of photos and info on the grassroots Indigenous rights movement destroyed! Wilson Tukey (FUCKER)has wanted any excuse to get rid of the embassy for ages. This week he has been using the excuse that the burnt out shell is a danger to the community therefore the embassy must be removed.

Monday, July 7, 2003

Scandal? New South Wales Local Courts

Media access limited by new laws: Opposition

The New South Wales Opposition says the media access to documents in criminal court proceedings will now be restricted under new laws, which come into effect now. Shadow Attorney-General Andrew Tink says there could be delays in reporting cases because the media will have to apply for access to the files after cases are finished.

The new law says access to documents can be delayed until after proceedings are finally disposed of and that may take a long time!

Bob Debus??????????????????????????????????Please Bob?????????????????????????????????? Come on ?????????????????? But Bob!

In cases that need to be hidden for a long time or perhaps forever this could be long enough for an important person to finish the job they are not entitled to do.

Political insurance? Like a politician booked for drink driving. Or a Judge for lurking in public toilets. Who knows what you'll have to wait for?

I can tell you what cases you won't have to wait for though. People the government want to exploit and convict whether the purpose is the crime, public example or loss of government revenue.

The important people will escape from the public gaze like they never committed a crime at all. People who already are not asked questions because of their high position will go unnoticed after they have committed a crime.

This legislation protects the government and gives the government grace to either report or not depending on the circumstances behind the crime and whether it suits them or not.

Presently when documents are tendered in court the access for the media follows very soon after.

The laws apply to local court proceedings.

It stands to reason because low courts have a history of corruption. Magistrates are bought and sold in NSW everyday for the people who cannot afford a damaged reputation.

In a statement, the department says it will be meeting Police Legal Services today to clarify any misunderstandings about the new provisions.

By Public Deception 7 July 03

THE CHOOK: THAT'S CROOK? The Attorney-General's department says the changes enshrine in law the right of the media to access court documents available in open court. What! The media didn't have that right before? Nonsense!

Related:

O'Shane blasts constitution
Controversial New South Wales magistrate Pat O'shane has described the Australian Constitution as flawed and grossly inappropriate.

Retrospective Laws: Mesmerised like a chook syndrome
What is it? This chook syndrome. Perhaps it is when we allow 800-year-old rule of law to diminish for a dictator like Bob Carr.

Innocent until proven guilty
Presumption of innocence. A hallowed principle of criminal law to the effect that the government has the burden of proving every element of a crime beyond a reasonable doubt and that the defendant has no burden to prove his innocence. It arises at the first stage of the criminal process but it is not a true presumption because the defendant is not required to come forward with proof of his innocence once evidence of guilt is introduced to avoid a directed verdict of guilty.

Civil Liberties Council slams NSW law and order fight
The Civil Liberties Council says the law and order fight in New South Wales is an indictment on both the major parties. Spokesman Cameron Murphy says the State is already one of the toughest in the area of criminal justice in the world. He says the tightening of bail laws will only add to the number of people in jail.

Abolition of 800 year old double jeopardy law a crime
The New South Wales Opposition has described a decision by the State Government to abolish the double jeopardy law as a political stunt.

NSW A-G moves to stop criminals and ex-criminals selling stories
From next month criminals or ex-criminals who try to profit (earn a living for paid work, like writing a book etc..) from their crimes in New South Wales will have the proceeds confiscated.

ARE YOU INNOCENT?
The Australian Law Reform Commission had recommended that the Innocence Panel be independent and have the power to investigate alleged miscarriages of justice.

Litigants are drowning: in the High Court
There were so many self represented litigants appearing in the High Court that more than half of its registry staff's time was taken up in dealing with them. The "go it alone" litigants have to take on tasks well above their qualified league causing them stress. This growing problem cannot be left unchecked.

Murder charge first for DNA data bank link, but not the same as solving the murder Mass DNA testing of prisoners has [allegedly] led to the first NSW case of a person being charged with a previously unsolved murder as a result of a controversial gene-matching data bank.

Prisoners can prove innocence for $20?
Les Kennedy Daily Telegraph reported today that" Prisoners who believe that DNA will prove they were wrongly convicted will have the chance to prove their innocence for a mere $20 administration fee. The move comes 20 months after NSW inmates were asked to provide DNA for comparison with a databank of DNA from unsolved crime scenes for possible convictions.

Mr. & Mrs. Mandatory Sentencing
Well congratulations to the bride and groom. Could you please be upstanding and raise your glasses for Mr. And Mrs. Mandatory.

Thursday, May 22, 2003

The Criminal Law (Rehabilitation of Offenders) Act 1986 Qld

Co-ordinator, Cathy Pereira

The Criminal Law (Rehabilitation of Offenders) Act 1986 (Qld), requires that any person who has committed an offence which is less than 10 years old or which resulted in a prison sentence of more than 30 months, must disclose that offence if requested eg. for employment purposes. If a criminal record is disclosed in a job application, it is unlikely that person will be given the job.

The Associations Incorporation Act 1981 (Qld) excludes ex-prisoners from management committees if they have committed an offence which is less than 10 years old or which resulted in a prison sentence of more than 30 months.

Prisoners Legal Service Coordinator, Cathy Pereira, said that both these Acts discriminate against and disadvantage certain groups in the community.

Some of those most severely affected by the legislation are those convicted of juvenile offences, women and Indigenous people. "During the1970s and early 1980s, substantial numbers of maltreated adolescents were placed in juvenile detention centres for poverty offences committed after running away from home. The cause of their homelessness was often directly related to the physical, sexual or psychological abuse they received at home.

Today, as adults under the Criminal Law (Rehabilitation of Offenders) Act 1986 (Qld), these same people are being criminalized because of the maltreatment they received at home as juveniles.

Under the Associations Incorporation Act 1981 (Qld), these ex-juvenile offenders, will be excluded from participating in Management Committees as adults. This legislation labels people for life. The injustices they have experienced are reinforced by their exclusion from participation in the community.

The community loses because it misses out on the skills, experience and broader understanding that they may have to offer within management committees and employment. Their disadvantage as juveniles manifests in their adult life as unemployment, poverty and social and economic disadvantage.

Studies show that while women may be less likely to receive a custodial sentence than men, the sentences that they do receive are often for longer periods. Therefore, women who are sentenced to prison are likely to be disadvantaged by the Criminal Law (Rehabilitation of Offenders) Act. in areas where they are required to disclose their previous conviction, such as when applying for employment. Additionally they will be disadvantaged by the Associations Incorporation Act 1981 by being excluded from management committees.

Women may be excluded from managerial positions and other areas where women are already under-represented.

Indigenous people are already over-represented in the prison system where they constitute 21per cent of all prisoners compared to their overall general population of 2 percent. Additionally because many Indigenous people are from rural areas they may be less likely to be considered for prison schemes such as release to work.

Not only will their chances of employment be inhibited by their exclusion from works release programs, but the Criminal Law ((Rehabilitation of Offenders) Act will disadvantage them further.

Problems with the legislation are highlighted when considering that employment and offending have been shown in studies to be significantly correlated with a causal link between unemployment and offending and employment and lack of offending.

This causal effect is exacerbated by the Criminal Law (Rehabilitation of Offenders) Act which requires ex-prisoners to disclose their criminal history when applying for job, even where their conviction is not relevant to the nature of the position."

Prisoners' Legal Service calls for amendments to the Criminal Law (Rehabilitation of Offenders) Act and the Associations Incorporation Act 1981 to equalize the position of ex-prisoners within the community.

"Economic restructuring, which is characterized by unemployment and low wages, increases the risk of subsistence related criminality for those who are already disadvantaged", Cathy Pereira said.

"The Criminal Law (Rehabilitation of Offenders) Act and the Associations Incorporation Act 1981 (Qld) places additional hardships on already disadvantaged groups."

For further information/interviews contact : Prisoners' Legal Service Co-ordinator, Cathy Pereira 3846 5074


By The Prisoners' Legal Service posted 22 May 03

Second International Conference on Human Rights & Prison Reform

Seminar on Discrimination in the Criminal Justice Systems Throughout the World**

Six weeks, six months, six years: inmates have little chance of making fresh start

More than 15,500 people are released from NSW prisons each year, twice the number of 20 years ago. But new research shows many ex-prisoners find it impossible to reintegrate into society and, months after release, are worse off than before they went to jail.

EX-PRISONER UNEMPLOYMENT: SENTENCED FOR LIFE

Name removed by request served time in prison decades ago. Shes still being punished today. According to commonwealth and state legislation, ex-prisoners applying for jobs must declare any conviction that fits into the following categories: less than 10 years old, more than 10 years old but served more than 30 months in prison.

Academic devises scheme for low income earners to pay back fines:

A professor at the Australian National University [another one of John Howard's hand picked losers like Peter Saunders the social services head-kicker has come up with a scheme which could see low income earners pay back criminal fines over a period of time.

Shoplifting and homelessness

Shoplifting increased by 7.5 per cent last year, making it the only major crime category to register a significant increase in 2002, crime statistics show. David Johnson, a 19-year old who spent several years on the streets, and in and out of youth refuges, believes there is a direct link between social welfare benefits and crime.

Attempted thong theft costs $560

A man has been fined $500 after appearing in a northern New South Wales court charged with stealing a pair of thongs.

Judged Forever- The Orange County Register


US: California's largest job-placement program for parolees will be shut down May 31 after an Orange County Register investigation found that ex-convicts were sent to questionable jobs [?] and that the state was charged for placements that did not occur. [? According to the ruling-class]

Related:

NSW Serious Offenders Review Council
In response to a letter we have received from Mr K C who has said that he is serving 24 years and 10 months commencing on 29/8/1991 with his earliest release date being 28/6/2016 with 4 years parole and full time 28/6/2020. He said that he contacted the Serious Offenders Review Council in writing but received no response.

Justice Action's complaints about ACM to the NSW Ombudsman fell on deaf ears The Federal Government is reviewing allegations that the company it pays to run Australia's detention centres the same company who runs Junee Jail in NSW has fraudulently reduced staffing levels in at least one centre to increase its profits.

Token Parole Board reforms silent on Govt bungle
The Carr governments token reforms of the Parole Board are minimalist and still fail to explain the election cover-up of mismanagement, which contributed to an inmate's [a prisoners] death.

PAROLE BOARD REWARDED? FOR DEADLY MISTAKE
The Justice Minister has released government reforms to the Parole Board following the death of an aboriginal inmate, which was due to a Parole Board error.

Sentencing innovation breaks vicious circle of jail terms
"Three months' jail for one punch in a pub fight is too much," said the victim. The victim's comment counted because he and the offender, Robert Bolt, a Nowra Aborigine, were making history in the first case of circle sentencing, a new way of deciding punishment for indigenous offenders.

Letter from the mother of a prisoner on remand at the High Risk Management Unit Goulburn Correctional Centre I am writing to give you permission to make any inquiries on my behalf as I am invalid pensioner who doesn't drive and been only well enough to travel by train once in 15 months to see my son Scott Simpson. I have enclosed a copy of Scott's letter and also a copy of gaol papers form I have to fill out and wait to see if I'm allowed in to see him. He doesn't get any visits. He is in the Supermax and deprived of any privileges not even legal Aid will fund a solicitor to see him in Goulburn.

WA Jail trade in 'sex for favours'
THE West Australian Government has ordered an inquiry into claims guards at Perth's main women's prison are trading favours for sex, and encouraging inmates to form lesbian relationships.

NSW prisons over-crowded. Gov't orders investigation into death in custody
In January this year, a 23-year-old Aboriginal prisoner was found hanging in his cell in a Sydney jail 18 days after he was due to be released.

Yes Minister: 'Justice Action meets John Hatzistergos Justice Mininster' In order to begin on a reasonable note in our relationship we have been patient. Today the Chief of Staff said that "rehabilitation" was included as a role for prison, alongside deterrence and retribution. [? Retribution until the prisoners' are released?]

Carr's Castle the real story H.R.M.U.The High Risk Management Unit Goulburn Correctional Centre The Australian Institute of Criminology's Standard Guidelines for Corrections in Australia - 1996 just don't cover the Goulburn HRMU according to Mr Ron Woodham Commissioner of Corrective Services. The High Risk Management Unit (HRMU) is the centrepiece of a major $22M redevelopment of Goulburn Correctional Centre.

Beyond Bars Alliance colleagues
There are certainly problems with the IG's terms of reference and the position is not nearly as strong as it should or could be but it should not be lost it should be strengthened (along the lines of the UK IG of Prisons) to provide an independent voice to the Parliament regarding activities and processes that otherwise happen behind prison walls.

Submissions for Review of Inspector General
There is a very serious attack happening on the office of the NSW Inspector General of Corrective Services. A secret and flawed review is taking place at this moment, and we call upon all individuals and organisations interested in the area to make their views known.

Two thirds of a billion dollars and DCS can't work out what authority they have? "Two thirds of a billion dollars of taxpayers money and the Department of Corrective Services can't work out what authority they have to hold the people who are in jail."

Australia: Private Prisons, Junee NSW
When I got to Junee I was given nothing except bed linen. That's it! No clothing. I had to put my name down for clothing, which they said I could get on Saturday. When I went down to get my clothing on Saturday I was told they had nothing but I was told that I could buy what I wanted on their monthly buy-up. In the mean time I got rashes between my legs from the dirty clothes I had on.

Justice Action meets with new Minister for Justice
John Hatzistergos Minister for Justice is meeting with Brett Collins and Justice Action today at 11:30 a.m.

ARUNTA PHONE SYSTEM: IDC Lithgow Prison
The prisoners of Lithgow Correctional Centre have requested that the Lithgow Inmate Development Committee write to you on their behalf and ask that the phone systems heavy burden upon the prisoners at this institution and their families be reviewed. I will outline the problems.

Health problems denied in prison
Lithgow Correctional Centre (IDC) Inmate Development Committee "Currently there are 72 inmates on the doctors waiting list with only one doctor coming fortnightly and usually on a weekend".

'Old guard dog' dig in heels on NSW Govt front bench - The rolling of the filthy heads... The New South Wales Premier is yet to convince at least one of his long-standing ministers to stand aside to make way for new blood on the front bench.

NSW Prisons Inmate Development Committee speaks out
I am writing on behalf of the IDC Inmate Development Committee in area 3, MSPC at Long Bay. Area 3 is where, the Department is congregating minimum-security offenders within maximum-security walls whilst awaiting mandatory programs at Cubit (Sex Offenders Program).

THE GULAG TREATMENT - The Trauma Of Court Appearances When Incarcerated Prisoner transport vehicle 10th January 2003 It's about 4.40am, very darkoutside and although I'm expecting it, it is still intrusive when my dreams are interrupted by the sound of my name, it is the officer checking that I'm awake ready to face the long day ahead.

Sir David Longland Correctional Centre
If it were possible to characterize the term B Block attitude in a modern dictionary, it would read something like "demeanor of inhabitance" or "state of mind or behaviour of occupants".

SIR DAVID LONGLAND CORRECTIONAL CENTRE QLD - CELLS IN B BLOCK The cells in B Block are like no other in any Queensland prison. After Mr. Cooper was severally embarrassed by the Abbott and Co escape on 4th November 1997, he visited B Block and the surrounding grounds. It was that visit, by Cooper, that set in motion a plan (up the ante) to make sure security in B Block would never embarrass him again. It was like closing the gate after the horse has bolted.

Inspector General Ignored On Womens Prison
Four months after a report from the Inspector General on Mulawa Correctional Centre, key recommendations involving safety and welfare of prisoners and staff have been ignored. Kathryn Armstrong (former chair of Inmate Development Committee) and Annabel Walsh, released from Mulawa Womens Prison in February, have produced an independent report confirming the findings of the Inspector General.

Distribution of: 'How to Votes in prisons'?
Justice Action have received information from Andrew Burke of the NSW Greens that they have enquired with the Department of Corrective Services as to the procedure for distributing their How To Votes in prisons in the period before the election.

Getting Justice Wrong DPP make full admissions
Back in May 2001 Nicholas Cowdery QC made an error at law by giving a speech called Getting Justice Wrong at the University of New England, Armidale Thursday, 31 May 2001. Sir Frank Kitto, Lecture now published at the DPP website. At page six, paragraph 3 under the heading:

NSW ELECTION 2003: VOTE 1 GREENS
Inspector-General: The Greens believe that the role of the Inspector-General is crucial to the proper functioning of the prison system. It has never been more important to have a powerful watchdog role than today. Section 3.11 of our Criminal Justice Policy commits the Greens to "strengthening the role of the Inspector-General of Prisons."

Long Bay Prison: The latest inside story
Private food purchases called Buy-Ups that normally take care of the prisoners additional food nutrition in Jail has been changed.

Doing time even harder: 146 prisoners far from home
The United States, however, has detained without trial about 650 men from 43 countries. They include Australians David Hicks and Mamdouh Habib, who are held at the Guantanamo Bay naval base as part of the sweep against global terrorism [scapegoats for the Coalition of the Killing's, pre-emptive strikes, occupation and genocide for resources in the Middle East.]

Human Rights 'Framed'
Here is a quick report on our Human Rights Commission approach on Framed (the quarterly magazine of Justice Action) being banned from all NSW prisons. After 42 issues went in.

Prison Privatisation: Death camps looming in NSW
I asked for the identification of the person I was speaking to and was told that I was not entitled to that information. I needed to verify the call and asked for a name or number to register my call because I was asked to get those details by my coordinator.The person refused to identify themselves either by name or number. I asked to be transferred to a senior person and was refused. The person I spoke to then hung up the phone.

Justice Action criticises Govt's victim voice policy
Victims are not being properly considered in compensation and no expression is given to them, of community goodwill. A spokesperson for Justice Action Mr Brett Collins said, "No community expression or concern is given to the victims of crime. They feel their pain is not acknowledged by the government which tries to balance pain against pain. Never! The community is being misled."

NSW education professor warns further commitment needed
The author of a report on the New South Wales education system has urged the major political parties to do more for education in the election campaign.

Coalition proposes to exploit children
The Coalition says it would reform juvenile justice in New South Wales to require the courts to "get tough" on juvenile crime.

Corrections Victoria and criminal acts: SCS-4\320 UPDATE
You have stated "Section 30 of the Corrections Act 1986 and the Information Privacy Act 2000, restricts the release of confidential information regarding prisoners, I therefore am unable to provide any information regarding this matter."

Death camps looming in Victoria
A letter was received on 15 January 03 from SCS-4\320 a remand prisoner in Victoria's Barwon Prison I later found out that the prisoner was in the Acacia High Security Unit.

Jail search finds knives, syringes
Mr Brett Collins a spokesperson for Justice Action said, "It shows there is a lot of desperation in the prison system at the moment and has been for some time."

Take crime talk beyond the bars:'lobby group'
A coalition of academics, crime experts, welfare and church groups is preparing to launch an intensive pre-election campaign aimed at refocusing the attention of NSW politicians from harsh sentencing reforms to crime prevention strategies.

Six weeks, six months, six years: inmates have little chance of making fresh start More than 15,500 people are released from NSW prisons each year, twice the number of 20 years ago. But new research shows many ex-prisoners find it impossible to reintegrate into society and, months after release, are worse off than before they went to jail.

Fiona Stanley, the children's crusader
It is all about prevention. As Fiona Stanley sees it, with one in five Australian teenagers experiencing significant mental health problems, there are just not enough treatment services to cope with the demand.

Attempted thong theft costs $560
A man has been fined $500 after appearing in a northern New South Wales court charged with stealing a pair of thongs.

NSW A-G moves to stop criminals and ex-criminals selling stories
From next month criminals or ex-criminals who try to profit (earn a living for paid work, like writing a book etc..) from their crimes in New South Wales will have the proceeds confiscated.

NSW Govt criticised over criminal justice record
Key criminal justice groups have described the New South Wales Government's record on justice issues as a "disappointing performance".

APPOINTMENT OF KLOK IS: 'DECLARATION OF WAR'
The decision of the Carr government to appoint John Jacob Klok as the new Assistant Commissioner for Corrective Services in charge of security represents a statement of contempt to all those concerned about law and justice in NSW.

How NSW Dept of Corrective Services spent $800,000 dollars to rehabilitate a Sydney man sentenced to life for second murder! A spokesperson for Justice Action Mr Pro Grams said, "Well it's your money, how would you like it spent? And what do you think about rehabilitation on behalf of the Department of Corruptive Services?

Prisoners Representatives Excommunicated
Ron Woodham, Commissioner Corrective Services stated "[this Department] does not recognise Justice Action as an advocate on correctional centre issues." He has ordered a ban on all Justice Action material inside the NSW prison system. This resulted from a request for the approval of the latest edition of Framed (the Magazine of Justice Action) to be distributed throughout NSW prisons as has occurred for the past ten years.

Academic devises scheme for low income earners to pay back fines:
A professor at the Australian National University [another one of John Howard's hand picked losers like Peter Saunders the social services head-kicker has come up with a scheme which could see low income earners pay back criminal fines over a period of time.

Dept of Corrective Services: Rotten Ron Woodham on the ropes
This is The Freeedom Of Speech and The Press in a goldfish-bowl! Herr Goebells has spoken. Zieg Heil! (Which means, actually: "aim-for health!" incidentally)Apologies for not making meetings ... my first experiences with Woodham (then a -screw-gestapo-minor-with-a-friendly-dog - AND YOU KNOW WHAT IT MEANS WHEN EVEN HIS DOG DOESN`T LIKE HIM?)

At the Minister's Pleasure The case of Michael Kelly
Michael is caught up in a particularly cruel version of the game of Cat and Mouse. Because he is classified as a forensic patient under the Mental Heath Act of NSW, the Minister for Health is his master, not the Minister for Corrective Services. And the Minister for health will not let him go.

EX-PRISONER UNEMPLOYMENT: SENTENCED FOR LIFE
Name removed by request served time in prison decades ago. Shes still being punished today. According to commonwealth and state legislation, ex-prisoners applying for jobs must declare any conviction that fits into the following categories: less than 10 years old, more than 10 years old but served more than 30 months in prison.

ARE YOU INNOCENT?
The Australian Law Reform Commission had recommended that the Innocence Panel be independent and have the power to investigate alleged miscarriages of justice.

RESTORING TRUE JUSTICE:
Australian prisons are fast becoming the new asylums of the third millennium. The prison industry is booming, while Australia spends far less on mental health services than similar countries.

NSW Department of Corrective Services attack right to privacy
Corrective Services Minister Richard Amery has a problem attacking prisoners right to privacy.It seems to us that a civil society is best served when social justice laws are applied to all people regardless of their circumstances. Once government starts making exceptions which disadvantage certain groups and individuals, such laws are meaningless.

Litigants are drowning: in the High Court
There were so many self represented litigants appearing in the High Court that more than half of its registry staff's time was taken up in dealing with them. The "go it alone" litigants have to take on tasks well above their qualified league causing them stress. This growing problem cannot be left unchecked.

Everyone wants to get out of 'jail' but 'Framed' wants life: Rotten Ron on the ropes On 2 May 2002, Justice Action received a faxed letter from Manager of DCS Operations Support Branch saying that, in his view, articles in Framed edition #42 'lack balance and integrity' and he is therefore 'not prepared to recommend this issue of Framed for placement in to correctional centre libraries.' Prisoners and those concerned about prisoner issues have very few sources of information.

Methadone addicts formed within: 'NSW Prisons'
The New South Wales Opposition has accused the State Government of turning jailed heroin users into Methadone addicts.

Murder charge first for DNA data bank link, but not the same as solving the murder Mass DNA testing of prisoners has [allegedly] led to the first NSW case of a person being charged with a previously unsolved murder as a result of a controversial gene-matching data bank.

Medical Records: Alex Mitchell's lost world
Perhaps we can get your medical report and spew it around publicly so you can see how it feels. But surely we do not have to go that far. And of course we are law-abiding citizens and I should think it would be enough to remind you of your ethics to report at all.

Prisoners can prove innocence for $20?
Les Kennedy Daily Telegraph reported today that" Prisoners who believe that DNA will prove they were wrongly convicted will have the chance to prove their innocence for a mere $20 administration fee. The move comes 20 months after NSW inmates were asked to provide DNA for comparison with a databank of DNA from unsolved crime scenes for possible convictions.

NSW opposition pledges review of detention laws
A spokesperson for Justice Action Ms Anal Advice said " NSW Prisons are a sex offence if you have been raped, bashed and squatted down to be strip searched. People should be diverted from going there at all material times".

Civil libertarians condemn planned changes to prisoners' privacy rights The New South Wales Government is using a recent case involving [framed] serial killer Ivan Milat to justify its decision to remove the privacy rights of prisoners. But really just another attack on Ivan Milat from Parliament House.

The punishment: Is the 'crime'
The punishment is the crime according to retired chief Justice of the Family Court of Australia Justice Alistair Nicholson. "Smacking a child ought to be seen as assault".

Mr. & Mrs. Mandatory Sentencing
Well congratulations to the bride and groom. Could you please be upstanding and raise your glasses for Mr. And Mrs. Mandatory.

Just wipe your arse on Ivan again Minister?
Mr Amery Minister for Corrective services has a problem with finding a toilet roll to wipe his bottom. Justice Action is appalled at the attacks by Amery and others in parliament on Ivan Milat's right to privacy and their attacks on the Privacy Commissioner and his office.

NSW Parliament Bitter Pills To Swallow?
One delusion pill: So people who investigate their own mistakes make sure there was no mistake or someone else made the mistake. Perhaps you're not biased and you will be honest about it.

NSW prisons - primary industry bailed up!
In many quiet regional centres around NSW there is a new primary industry shaping up. It has something to do with Bail but not with bales. The minister for Agriculture Richard Amery who also has the prisons portfolio is now committed to farming prisoners.

Black Nexus
The Separation of Powers Doctrine is nowcontaminated witharangeofcolours, now leaving us with a black shirt on a once blue bridge that crossed that thin blue line. The 'Amery and Woodham show'.

Prison Mind Games-Do they exist?
Directives are given inside the prison system that are not consistent with the law in NSW. And not in the good interests of the health and well being of the prisoners.

The Government is likely to abolish the Inspector General of Corrective Services position The Mulawa inspection report recommendations below strictly illustrate how important he is.

Chronology - A History of Australian Prisons
[Allegedly:] The events that have shaped NSW prisons - from convict days through royal commissions, to the Supermax of today. [I say allegedly because no one should trust Four Corners [Walls], why? Because they spill out the propaganda of the day for the Government, whether it be wrong or right. A government that lies and has no remorse about it.]

Monday, April 7, 2003

Innocent until proven guilty

Presumption of innocence. A hallowed principle of criminal law to the effect that the government has the burden of proving every element of a crime beyond a reasonable doubt and that the defendant has no burden to prove his innocence. It arises at the first stage of the criminal process but it is not a true presumption because the defendant is not required to come forward with proof of his innocence once evidence of guilt is introduced to avoid a directed verdict of guilty.

Presumption of innocence succinctly conveys the principle that no person may be convicted of a crime unless the government carries the burden of proving his guilt beyond a reasonable doubt but it does not mean that no significance at all may be attached to the indictment. U.S. v. Friday, D.C.Mich., 404 F.Supp. 1343, 1346.

But bail laws in NSW should be rewritten to make hardened criminals prove they are no threat to public safety, the early findings of an internal police working party have revealed. Members of the police group believe present laws are failing and need to be overhauled, with a presumption against bail for re-offending criminals.

But innocent unless proven guilty is simply a legal concept. In real life you are innocent if you are innocent and guilty if you are guilty. Those who are guilty but found "innocent" in court are STILL guilty ... they just won't be punished or held accountable for their crime.

Similar laws in the ACT have resulted in dramatic plunges in certain crimes of up to 80 per cent.

But while police believe similar NSW laws could reduce crime significantly by keeping serial criminals locked up, the proposal is opposed by the Attorney-General's Department.

Members of a separate Attorney-General's working party on bail are concerned the changes may affect basic rights of justice and are attempting to block the plan.

As an interim alternative, the police party has thrown its weight behind "a stay of proceedings" that would keep career criminals in jail while police can appeal against bail decisions they are unhappy with. [?]

The proposal may be backed by the introduction of permanent bail courts which would ensure offenders awaiting bail appeals are kept locked up for a maximum 72 hours.

Police Commissioner Ken Moroney established the internal police bail working party in January after declaring he was fed up with courts continually letting down police and the community.

The party has been tracking bail information and a series of bail judgments to determine the best way to address the issue.

"My colleagues in the ACT have indicated to me where this provision [presumption against bail] exists there have had some remarkable results,"

Moroney "I am told in some crime categories in the ACT, they have seen their crime reduced by up to 80 per cent . . . if that is so, it is a significant result that can't be ignored."

The commissioner said steps had been taken to improve internal police procedures. Moves were being made to have more arresting officers give evidence in court to help police prosecutors and the police COPS computer system was being refined. [Cops needs to be because COPS is updated regularly with false and misleading information. Not proved.]

The State Government recently toughened bail laws from a position of presumption for bail to a neutral position but has stopped short of recommending a presumption against bail, supported by Opposition Leader John Brogden.

Bail judgments continue to confound police and the public. The Daily Telegraph recently exploited the case of Adam Speyer, 22, continually granted bail despite being charged with 34 crimes over the last three years even though it wasn't any of their business? In the Parramatta area, recent figures revealed up to 80 per cent of repeat offenders police recommended be refused bail walked free from courts the following day.

Moroney said he was expecting to receive the working party's final report by mid-May. He said in the meantime he would be communicating one message to his troops. "If we don't believe the determination for bail is appropriate. You will appeal and you will appeal and appeal," he said.

Shoplifting and homelessness

Shoplifting increased by 7.5 per cent last year, making it the only major crime category to register a significant increase in 2002, crime statistics show.

Abolition of 800 year old double jeopardy law a crime

The 800-year-old rule prevents a person who's acquitted of a criminal charge from ever being re-tried for that offense.

By Inn Ocent 7 April 03

THE JUDGE: Who else is guilty? The Daily Telegraph for exploiting Adam Speyer? The parents for not setting a minimal standard of behaviour for these criminals when they were growing up. Perhaps the sisters and brothers for encouraging their criminal behaviour for years. Or the Police for not banning the career criminals from the shopping centre on Thursday night and Noble Cause Corruption.

Related:

Civil Liberties Council slams NSW law and order fight
The Civil Liberties Council says the law and order fight in New South Wales is an indictment on both the major parties. Spokesman Cameron Murphy says the State is already one of the toughest in the area of criminal justice in the world. He says the tightening of bail laws will only add to the number of people in jail.

No confidence in 'Force' when service is out the door
How are shopkeepers and service staff going to feel today knowing police are vulnerable to be attacked while serving customers at the counter of a police station?

Every dog has his day: Brammer resigns
The Police Integrity Commission found that Brammer, along with other senior police, had at times displayed a lack of support for the former police reform body, the Crime Management Support Unit.

MPs told of police corruption
Corruption and mismanagement are still entrenched in the NSW Police, and problems at the highest levels are "whitewashed", according to evidence given yesterday to a federal parliamentary committee.

Black Knight Moroney to give evidence?
Accusations about former high-ranking NSW policewoman Lola Scott's alleged failure to act against paedophiles have dominated a federal crime inquiry hearing in Sydney.

The NSW Police Force
The NSW Police Force has stopped production on its new movie Viking. Viking, showing in NSW Parliament House and in the suburbs of Sydney recently.

Crime victim group wants say in money allocation
A spokesperson from Justice Action Mr Brett Collins said, "Victims should be properly compensated regardless of the source and that is currently the law. The law says you don't need to find even the offender to get compensation. This is an attempt by the opposition to create a law and order issue-involving victims when there is in fact no issue!

Abolition of 800 year old double jeopardy law a crime
The 800-year-old rule prevents a person who's acquitted of a criminal charge from ever being re-tried for that offense.

When real safety is jeopardised in NSW
Perception of crime is still a problem in NSW, with a new Productivity Commission report showing the state's citizens feel less safe than most of their counterparts.

Call to Bronwyn Bishop's Federal Crime Inquiry
I call on Bronwyn Bishop to allow me to produce first evidence about police corruption and to be able to attend Parliament House Sydney without fear of conviction.

Australia: politicians should watch police
In Sydney yesterday the Opposition police spokesman, Andrew Tink, urged Federal Labor MPs to allow the public hearing of the claims, which include that senior police, the PIC and the Ombudsman's office were failing to investigate legitimate complaints of misconduct, including corruption in the police promotion system.

The community questions ICAC's slagging and fobbing you off?
The ICAC, Commissions, Ombudsman, Police Integrity Commission (PIC), and numerous Tribunals etc, are all arms of government set up as an insurance police for the government's 3 or 4 year election terms. In short they'll be out of office by the time you may be lucky enough to have your matter heard.

Who is bad?
Super Rat? M5? M11? K8? N2? So I trust that some people who, with the photos and guns guessed that a jury would quickly establish a case against a profiled person whom, you just had a picture and a history of. Common knowledge? The government knew their victims would take the blame. Not just chess in court, 'moving around the pieces', but 'putting false evidence, or not enough evidence before the jury."

2,500 crooked detectives? Or a corrupt Government?
Evan Whitton: Either two things occurred. If you said you didn't join the police force to extort money from working girls, your papers were marked 'not suitable for plain clothes' and you were sent back to uniform.

How to become corruption resistant in NSW
Don't trust those who cannot prove themselves with the little amounts of trust you give them. Just because they have a letter of perceived trust doesn't mean they can be trusted.

This is not how you eat 'antisocial behaviour'
Process corruption, perjury, planting of evidence, verbals, fabricated confessions, denial of suspects rights, a solicitor to induce confessions, tampering with electronic recording equipment, framing. Generally green lighting crime, and I say Murder, including the kids who overdosed on heroin. No doubt.

Black Knight - Long way to go home
In line with the current climate of police corruption and the demise of the reform unit set up by Wood, these facts ought to have been a good reason to leave Moroney out of the package as Commissioner.

Bob down and sniff my arse
These are serious invasions of privacy and draconian laws? Where are our democratic soldiers, the lawyers and the barristers who need to take on the government in the courts? Are they plastic? Or to busy feathering their nests? Or have they been cleverly purchased by this black government. Drug test police and politicians, and have the tests independently accessed.

Come in spinner? Or Come in sinner?
"You don't have, in my view very vigilant processes. I suppose it's akin to the problem of corruption within the police," he told the ABC radio. " People say there's corruption with the police (but) do you get the police to investigate problems within their own ranks?

Deeds
I am disturbed by Governments 'actions' in relation to shuffling the police service. Clive Small seconded into Parliament like a cocky in a perch. A breach of the fundamental Separation of Powers Doctrine does not in my view allow the thought of intervening, planning, or shuffling to stack the deck of our police service. The one that suppose to be autonomous according to Lord Denning. Where the Parliamentary Secretary can ask the commissioner of police to 'report' then sack him if he is not satisfied with such report.

Australia's Political Underworld...& their enforcers
The promotion of law and order means money to big business. Profits from insurance, security fixtures, patrol services and the like can only continue to grow if the perceived threat of uncontrollable crime wave escalates. In the past few months there have been many examples of the true nature of our blood thirsty politicians and their sinister attempts to spoon-feed a not so gullible public with their repetitious rhetoric.

Truth
Who is telling the truth? Well I guess Dr. Ed. Chadbourne or Mr. Peter Ryan may have the answer to that. Dr. Chadbourne sacked by Peter Ryan and more specifically in my view because he elected deputy commissioners Dave Madden and Andrew Scipione as the best men in the service in relation to his qualifications to make a recommendation in his capacity as human resources.That is if you believe that a Dr. can be corrupted.

Honesty
What is happening between the Police Service and politics is quite extraordinary at the moment. If stand over tactics don't work tell half the truth honestly and follow the example of sheep. Another word for it is sleaze, yeah. Another word for it is workplace harassment. Another word for it is bribing a Police Officer. Another word for it is misleading Parliament.

Tele Tales
Most people I know don't buy the Daily Telegraph. Why? Because of the lies and propaganda purported by them.

Lord Denning
Interesting how a member of the Police Board Mr. Tim Priest would hold grave fears for his safety from dangerous senior police but fails to name them or have them sacked. Rather Priest resigns as if he had no powers. Could that mean what he was saying is that the Governments are also corrupt?

Corrosive
Clive Small is Bob Carr's choice for the new Police Commissioner. It could only be the case considering his, Small's special appointment into Parliament House. Small who suffers from the little person syndrome is the ideal bend over boy who gets shuffled through his corrupt actions. Rolling the legal system for him after the fact, just like his predecessor Roger the dodger Rogerson.

Black Nexus
The Separation of Powers Doctrine is nowcontaminated witharangeofcolours, now leaving us with a black shirt on a once blue bridge that crossed that thin blue line. The 'Amery and Woodham show'.

Same boat
The Premier, Bob Carr, relies on a militia. A gang of bikies and our Police Service, to show all of us he is no murderer. He should be taken to the task along with his partners in crime like Clive Small to account for those people who like my self have been maliciously assaulted and who have complained, without any service and those who cannot speak for themselves who were murdered, like Terry Falconer. Terry murdered in custody.

Good Cop
Why have our democratic institutions broken down? It's not just the criminal justice system. The Anti-Corruption Network webmaster@anti-corruption-network.org exposes the same issues. A group of white-collar workers who say they have suffered as follows:

Dangerous
I refer to the Daily Telegraph article 22 March 2002 under the heading Priest quits advisory job.

Partners in crime - history!
Roger Rogerson, the old hero, who never faced a result in the Warren Lanfranchi, or Sally-Anne Huckstepp murders, was let off in my opinion when the New South Wales Government rolled the legal system (deciding what evidence to give the police prosecutor) to have the jury believe the illusion they (the Government wanted to create).

Police Chronology 1994-2001
View events in the NSW Police Force since the Wood Royal Commission began in 1994. 1994 May Justice James Wood is appointed Commissioner of the Royal Commission into the NSW Police Service ('WRC').