Statement on Mandatory Sentencing

Date: 11 April 2000

The agreement struck between Mr Howard and Mr Burke does not go far enough, and fails to address directly the unacceptable principle of mandatory sentencing for juveniles.

The Australian Labor Party does, however, welcome some aspects of the deal struck between the Prime Minister and the Chief Minister.

We acknowledge that the decision to amend the definition of an adult in the Northern Territory to eighteen years and over is an improvement on the present situation.

While welcoming the provision of funds from the Commonwealth for diversionary programs and interpreter services, we note that such services are taken for granted in every other Australian jurisdiction.

It should be noted with some concern that the Chief Minister has indicated that when the change to the definition of an adult is put to one side, the Howard /Burke deal essentially preserves the status quo in the Territory.

Indeed, the joint Statement released by Mr Howard and Mr Burke says in reference to the definitional change: "Apart from this, the mandatory sentencing provisions of the existing law will remain unchanged."

The fundamental flaw in this deal is that the only apparent additional discretion it grants is to the police, rather than to the appropriate institution, the judiciary.

The General Orders of the Northern Territory police that will be changed to require the diversion of minor offences and to grant discretion for diversion programs in the case of more serious offences are neither enforceable nor open to appeal.

Accountability is also an issue, since police are not required to explain or justify such decisions, whereas judges and magistrates are.

Issues that have yet to be decided - such as the definition of a "minor offence" - will have a major bearing on the effect of this agreement.

I note that tonight the Chief Minister has said on ABC radio in Darwin: "Break and enter is serious, no matter what they take and that won't change."

That means despite the announced changes, it will continue to be the case in the Northern Territory that a juvenile may still be jailed mandatorily for breaking into a shop to steal a packet of biscuits or some textas.

Labor agrees that the operation of any initiatives should be closely monitored, but doubts that the public will have any faith in such monitoring and reporting unless it is undertaken by an independent national body such as HREOC.

All of the changes agreed between the Prime Minister and the Chief minister have been agreed after great pressure from the public, the Australian Labor Party and the other non-government parties, and members of the liberal backbench.

The Labor Party will leave its Bill on the notice paper and closely watch the outcome of the Prime Minister's deal in practice.

For further information

Contact:	Kim Beazley
Union:	ALP Federal

LaborNET is proudly created, designed and programmed
by Social Change Online for the Labor Council of NSW
[Credits] [Site Matters]