Opinion: Premier Steven Miles right to question judiciary on youth crime sentencing

Yes, there’s a separation of powers, but politicians should be able to question bewildering judicial decisions, writes Robert Schwarten.

Premier Steven Miles in Question Time on Tuesday. Picture: Dan Peled/NCA NewsWire

Those legal types who rushed to accuse Premier Steven Miles of undermining the judiciary and public confidence in our legal system must surely be kidding.

Either that or they must never rub shoulders with the public.

I cannot recall the last time I was in a conversation with anyone – particularly someone who has recently witnessed or been victim of crime – who has not challenged the way things are going in our court system.

In my own case – when juveniles on bail with strict conditions set by the courts stole both our cars and a swag of personal property – I too thought it was a fair question to ask why these louts were roaming around in a gang at 3am.

I cannot recall the last time the legal fraternity came out with some reasonable explanation as to why, for example, a person who has a record of vicious and violent behaviour is allowed bail.

More importantly I am yet to hear those who make a big quid out of the principle of “innocent until broke” offering elected people some advice on tightening legal loopholes that might help keep our streets safer.

As a politician I was very aware of the need to separate the judiciary from any perceived or possible political dictate.

But surely a politician is required at some point to publicly reflect on matters that are bewildering and appear to lack judgment.

It appears no one in the legal fraternity has the guts to actually defend the judiciary decisions or explain them when there is community outrage.

But when it comes to politicians – especially Labor ones – the boot goes in with great glee and no restraint.

People have had a gutful of their civil liberties being threatened, and Miles is right to say so.

He is right to say he is prepared to look at law changes.

I wonder if those so ready to curse Miles have made submissions to the all-party parliamentary inquiry currently being undermined and politicised by the LNP.

They should let that committee examine their solution to keeping our public places safer.

Most people think these violent thugs should not be at large. Maybe the learned critics think they should. If so, they should have the guts to say so.

Instead of throwing stones at Miles, perhaps these wise people could offer guidance and suggestions on how to deal with this most challenging problem and the loss of public faith it is causing to our legal system.

Robert Schwarten is a former Labor minister

Originally published as Opinion: Premier Steven Miles right to question judiciary on youth crime sentencing