Victoria’s attorney-general to probe training on how magistrates can avoid having pedophiles deported

Premier Jacinta Allan has asked the attorney-general to investigate training provided to Victorian magistrates on how they can avoid imposing sentences that would result in violent migrant criminals such as pedophiles from being deported.

Jacinta Allan said she is concerned about the training. Picture: Melbourne Press Club

Premier Jacinta Allan has asked the attorney-general to probe training provided to Victorian magistrates on how they can avoid imposing sentences that would result in violent migrant criminals from being deported.

Ms Allan ordered the probe after the Herald Sun exclusively revealed magistrates had undergone a professional development session in which they were trained on how they could deliver sentences that would spare violent migrant criminals such as pedophiles and drug dealers from deportation.

Ms Allan on Monday said she was concerned by the Herald Sun’s report and had requested Attorney-General Jaclyn Symes to look into the matter.

“I will say that I have some concerns about the report today and I’ve spoken to the Attorney-General and she will be speaking to the courts about this matter,” she said.

“I’ll not be running a public commentary other than to say that this report has raised some concerns.

“I’ll leave those conversations to be had between the lawyer and the courts, acknowledging that the courts run this training. They are an independent arm in this state.”

Attorney-General Jaclyn Symes will probe the training. Picture: Diego Fedele

Asked whether Victorians could have confidence that sufficient sentences are being handed out, Ms Allan pointed to recent changes to bail laws.

“The decisions made by magistrates are matters independent of government,” she added.

The shock training — described by some attendees as “troubling” – was delivered last week.

During the sessions, magistrates were trained on how to impose sentences for visa holders to avoid triggering deportation under federal migration laws.

A hypothetical example was given involving a Vietnamese student who had just arrived in Australia and had sexually assaulted an eight-year-old multiple times.

Advice was given to sentence the accused to 11 months and 15 days so that he would not be deported at the end of his sentence.

Federal laws allow the deportation of non-citizen criminals who have been in Australia for less than 10 years and sentenced to a year or more in prison.

The Herald Sun has also been told magistrates were lectured on avoiding jail sentences for drug-trafficking crimes.

The training covered how sentences could avoid tripping deportation rules. Picture: Evan Morgan

A court spokeswoman wouldn’t answer specific questions about the training but did not deny any of the details as described by the Herald Sun.

“A professional development day for judicial officers of the magistrates court was held on Thursday 24 October, which included presentations from a number of speakers on areas of the law relevant to the work of the court,” she said.

“The focus of the day was sentencing. The law treats deportation as a ‘relevant circumstance’ for the purposes of sentencing.

“Scenarios are commonly used in education sessions to provide an environment in which to illustrate the operation of relevant legislative provisions and to discuss the proper application of principles of law. This is a common approach.

“Scenarios are often drawn from decided cases and may be modified to focus attention on a particular aspect of the law, for example, section 501(3A) of the Migration Act 1958 (Cth).

“Every judicial officer is an independent decision-maker in relation to each matter before them and they act on that basis.”

According to the Judicial College of Victoria, the prospect that an offender will be deported following sentence can be a relevant sentencing factor if it will make the burden of imprisonment more onerous or may result in the offender losing the opportunity to settle permanently in Australia.

However, courts are not to consider the prospect of deportation as a mitigating factor unless it will actually be a hardship for the offender.

Courts can also not consider the possibility of deportation without specific evidence or a prosecution concession.

Victoria is one of a number of states that can consider deportation in sentencing, however, there is no national consensus on the issue and some states prohibit potential deportation being considered.