Peter Dutton pledges mandatory sentences for terror and hate crimes

Peter Dutton has pledged to impose minimum mandatory sentences for terror offences and displaying Nazi or terrorist symbols.

Peter Dutton and Rabbi Levi Wolfe at the Central Synagogue in Bondi Junction, in Sydney’s eastern suburbs. Picture: NewsWire/ Gaye Gerard

Peter Dutton has pledged, if he becomes prime minister, to impose minimum mandatory sentences for terror offences and the displaying of Nazi or terrorist symbols, vowing he will provide the tools to “stamp out” anti-­Semitism.

Under a proposed crackdown on extremism and anti-Semitism, the Opposition Leader has promised to legislate a minimum sentence of six years for all acts of terrorism and between one and five years for displaying prohibited terrorist organisation symbols, Nazi symbols or for giving a Nazi salute.

At the Central Synagogue in Bondi Junction in Sydney’s east on Monday, Mr Dutton said the election promise would send a “very clear message” to those “preaching hate” and waving flags “glorifying terrorist leaders”.

Legal experts and the Greens have criticised the promise, warning that mandatory sentences would undermine the independence of the nation’s courts and ultimately fail to deter hate crimes.

The Coalition has also promised to amend draft laws before the parliament banning hate speech to make the urging or threatening of violence towards a place of worship a crime punishable by between five and seven years’ jail, depending on the seriousness of the offence.

Mr Dutton has also called on Anthony Albanese to convene a national cabinet to combat anti-Semitism and extremism, declaring that only the Prime Minister’s pride was “standing between him and a decision”.

“I give this absolute commitment to the Australian people that if elected as prime minister, we will provide the resources, we will provide the legislation and we will provide the will to stamp out anti-Semitism in our country, and to send a very clear message is not going to be tolerated in any form whatsoever,” he said. “That will happen from day one.”

Mr Albanese on Monday did not commit to supporting tough new mandatory sentences, instead vowing to continue to “unite against what are abhorrent instances” and take “strong action under the laws”.

“We’ll continue to ensure that we work with state and territory governments to stamp out (anti-Semitism),” he said. “There’s no place for anti-Semitism and those who are engaged in it should face the full force of the law.”

Law Council of Australia president Juliana Warner said mandatory sentencing laws were “arbitrary and limit the individual’s right to a fair trial by preventing judges from imposing a just penalty based on the unique circumstances of each offence and offender”.

“Mandatory sentencing places responsibility for determining the minimum prison time a person receives with politicians, rather than our courts,” she said. “Politicians are simply not in a position to know in advance the individual circumstances of the offending.

“Judges are best placed to determine the appropriate and just penalty under these laws on an individual, case-by-case basis.”

Ms Warner said investments should be made in anti-radicalisation programs and community education to counter extremism.

Australian Lawyers Alliance spokesman Greg Barns said there was “simply no evidence” to support mandatory sentencing, adding the measures would only force judges to “impose sentences that might be unjust”.

“If Peter Dutton thinks a young person or a person is not going to take along a Hezbollah flag to a rally on the basis they might go to jail for a year, he’s kidding himself,” he said. “People who commit offences don’t stop because of mandatory sentencing.”

Wentworth MP Allegra Spender said she supported “tougher sentences” for terror and hate crimes, after Mr Dutton made the announcement in her eastern Sydney seat alongside Liberal candidate Ro Knox. “My community and I want to see tougher sentences for terrorists and hate criminals to deter these appalling crimes,” she said.

“When parliament returns, I will move amendments for stronger federal laws to hold the hate preachers who plant the seeds of violence to account, and I hope both the government and opposition will support me.”

Greens justice spokesman David Shoebridge said minimum sentences acted only to “remove judicial discretion and replace it with a political penalty”.

“The extraordinary step of proposing a six-year mandatory minimum sentence shows just how extreme the Coalition has become under Dutton, who seems willing to jettison core principles like the rule of law for his base politics.”

Independent senator Tammy Tyrrell said mandatory sentencing “doesn’t work”, accusing the Coalition of announcing the policy because it “sounds good without having any evidence to show it’ll stop these awful attacks”.