RECEIVE UPDATESJustice
The ACT Greens believe:
1. everyone has the right to a safe and peaceful existence
2. the rule of law and judicial independence are fundamental to a democratic society
3. equality before the law can only be achieved when there is recognition of the ways in which cultural, social and economic factors structure choices and influence people’s capacity to access justice
4. equal access to the legal system and achieving just outcomes requires targeting policies and resources to overcome social, economic and cultural inequalities
5. fundamental principles of criminal law, including innocence until proven guilty, open courts, habeas corpus and the right to remain silent should be preserved and upheld
6. a preventive approach addressing systemic causes of crime should be pursued wherever feasible
7. incarceration is only appropriate as a sentencing option of last resort, and remandees should not be detained longer than necessary
8. the justice system must be responsive to the changing needs of the ACT community, particularly regarding mental health issues
9. safety, health and rehabilitation of victims and offenders, and the reduction of recidivism and trauma, should be given high priority in the justice system
10. children and young people require protection in all areas of the justice system
11. families and extended families of young people in the juvenile justice system should be supported and able to participate in proceedings where appropriate
12. law reform should occur in a timely and coordinated manner, based on sound research and engagement of the legal sector and the broader community.
The ACT Greens want:
1. accountable, consistent and transparent administration of justice
2. an ACT justice system with sufficient resources to process cases in a timely and fair manner
3. equitable access to justice for those coming into contact with the legal system, with adequate support services to facilitate just outcomes
4. victims of both civil and criminal wrongs to receive the necessary social and professional support to facilitate their recovery
5. Legal Aid to have the capacity to ensure all ACT residents can access both criminal and civil justice systems
6. a tort law system that promotes the prevention of personal injury and adequately compensates those injured without requiring the community to bear an excessive insurance burden
7. a criminal justice system that meets community needs through fulfilling the human rights of victims, alleged and convicted offenders, witnesses and others affected by crime
8. access to preventive programs for those at risk of engaging in criminal activity
9. a police force, operating under a unified set of ACT and Australian Government guidelines, that appreciates, and is responsive to, the needs of the community
10. practical and adequately resourced programs within the justice system that can respond appropriately to cultural differences and issues associated with gender
11. alleged and convicted offenders suffering from mental illness to be diagnosed and treated within a health framework and in a timely manner
12. evidence-based corrections programs aimed at minimising recidivism and safeguarding the community and health of offenders
13. to significantly reduce the number of young Indigenous people in custody in the ACT.
The ACT Greens support:
1. re-establishing an independent ACT Law Reform Commission, and adequately resourcing it to develop evidence-based law reform proposals on an ongoing basis
2. inquiring into the increasing number of middle-income earners who are unable to access the legal system, and developing a plan to address the unmet need for assistance
3. conducting an assessment of the legal needs of ACT youth and implementing a plan to fulfil identified needs
4. inquiring into the feasibility of an accident compensation scheme to replace civil suits for the recovery of personal injury damages in the ACT
5. increasing resources to the ACT Magistrates Court, including qualified translators, in recognition of an increasing case load
6. increasing the provision of professional development training for judicial and other legal professionals on cross-cultural and gender issues
7. legislation to outlaw Strategic Litigation Against Public Participation, protecting public interest litigants from prohibitive final or interrogatory court orders
8. implementing initiatives to enhance the provision of safety and justice services to Aboriginal and Torres Strait Islander peoples, including:
8.1. adequate and secure supplementary funding for local aspects of the Aboriginal Legal Service, such as an outreach legal advice service and a civil law advice service for debt
8.2. increasing the capacity for the Ngambra Circle Sentencing Court to process appropriate cases
8.3. training and remuneration for participants in the call-out roster of ‘Aboriginal Friends’, and a dedicated Official Visitor assisting those in custody
8.4. employing additional Aboriginal Liaison Officers in the ACT police force, and a full-time Indigenous support worker in the ACT Magistrates Court
8.5. in consultation with representative organisations, developing cultural and other activities that promote the identity and wellbeing of Aboriginal and Torres Strait Islanders in custody
9. the following for the criminal justice system:
9.1. ensuring restorative justice programs in the ACT are effective and accountable, and extend their scope where appropriate
9.2. improving connections between all dispute resolution processes and relevant community services
9.3. providing adequate support and compensation for victims of crime
9.4. supporting the right of a defendant to elect for a jury trial, and ensuring matters are referred to the ACT Supreme Court where appropriate
9.5. ensuring that adults held on remand are held separately from convicted prisoners
9.6. providing adequate refuge and accommodation options for young people within the criminal justice system and following their release from custody
10. the following for community policing:
10.1. working with the Australian Government to develop consistent guidelines for policing in Commonwealth and ACT Policing jurisdictions
10.2. increasing and improving training programs for police to deal with issues of domestic violence, intoxicated people, and young offenders
10.3. fully implementing the Ombudsman’s recommendations on handling intoxicated people
10.4. halting the trend of contracting police functions to private security firms, and we support regulation of the private security sector to ensure accountability and transparency
11. the following for ACT Legal Aid and the community legal sector:
11.1. resourcing ACT Legal Aid and community legal centres to assist clients in both criminal and civil matters
11.2. ensuring ACT Legal Aid can access timely psychiatric assessment services for its clients
11.3. creating a full-time mental health team in the ACT Magistrates Court comprising a psychologist and a mental health nurse
12. the following for custodial issues:
12.1. safe and fair working conditions for police and custodial staff
12.2. corrections and post-release programs that include education and training schemes, employment opportunities and post-release social support
12.3. improving the integration of custodial and post-release corrections programs
12.4. retaining public ownership and operation of ACT corrections facilities
12.5. constructing a secure psychiatric facility in the ACT with the capacity to diagnose and treat remandees and those incarcerated
12.6. ACT Health administering custodial health and mental health services
12.7. adopting the ACT Human Rights Commission’s recommendations on ACT juvenile detention facilities.
