‘A direct violation of the rule of law’: Law Council president slams NT’s mandatory sentencing laws
AUSTRALIA’S Law Council president has slammed the Northern Territory’s mandatory sentencing laws, calling them “a direct violation of the rule of law.”
Northern Territory
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AUSTRALIA’S Law Council president has slammed the Northern Territory’s mandatory sentencing laws, calling them “a direct violation of the rule of law”.
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Speaking at the Northern Territory Opening of the Legal Year 2021 event at the Darwin Convention Centre last week, Jacoba Brasch QC said mandatory sentencing did not improve crime statistics and were “a direct violation of the rule of law pertaining to the existence of an independent, impartial and competent judiciary”.
Attorney-General Selena Uibo is set to receive a report from the Northern Territory law Reform Committee in March regarding possible law reform in relation to mandatory sentencing, with Dr Brasch urging Territory lawyers to get behind repealing them.
“While the Law Council does not refute that legitimate concerns about community safety
exist, evidence does not support the use of mandatory sentencing as a kind of ‘tough on
crime’ response,” Dr Brasch said.
“Instead, evidence points towards other policy responses that includes community-based
sentencing, diversion and localised, wraparound program responses.
Dr Brasch said the laws caused disproportionately disadvantage Aboriginal Territorians, who were already disproportionately represented in the justice system.
“Mandatory sentencing contributes to an ongoing cycle of intergenerational overincarceration,” she said.
“It interferes with, and fetters, the ability of the judiciary to determine a just penalty, fitting individual circumstances and the individual crime, resulting in arbitrary and unjust outcomes, undermining community confidence in the justice system.”
Dr Brasch also made searing remarks about the NT government’s slow uptake of recommendations handed down following the Royal Commission into the Protection &
Detention of Children in the Northern Territory in 2017.
“And yet three years after the shocking findings, reforms have been painfully slow,” she said.
“In August 2020, a national webinar held by the Law Council examined the implementation
of the Royal Commission’s recommendations, heard that while some progress had been
made, there were worrying indications of backsliding and delay in implementing certain
core recommendations.
“We must remain vigilant and continuously scrutinise that progress is being made in
responding to the Royal Commission.”
When asked for comment, Attorney-General Selena Uibo said the government would “await the NT Law Reform Commission’s report before making any decisions about mandatory sentencing”.
“Our government has acknowledged the Territory’s justice system is in need of reform and we are working towards change,” she said.
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“We have already begun to deliver a range of legislative reforms that support a healthy, responsible, safe and resilient community because all Territorians deserve access to justice and fair treatment.”
Territory Families Minister Kate Worden said the NT government had supported, in principle, the recommendations from the Royal Commission into the Protection and Detention of Children in the NT.
“Of the 218 recommendations, 152 are complete with another 63 underway and three which have yet to be started,” Ms Worden said.
“We are also building of a new purpose-built Darwin Youth Justice Centre and redeveloping the Alice Springs Youth Detention Centre.
“Rebuilding the youth detention centres is part of the Territory Labor Government’s overhaul of the youth justice system, which will cut crime, support young people to turn their lives around and stop reoffending.”
Originally published as ‘A direct violation of the rule of law’: Law Council president slams NT’s mandatory sentencing laws
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