Modernising of the Criminal Law
- challenges for the future.
Victorian Legal Aid Conference, Criminal Law in the 21 st Century
Olympic Room, Melbourne Cricket Ground
Adjunct Professor Peter Norden AO
Friday 12th October 2012
Dedication to Father John Brosnan MBE
Pentridge Prison Chaplain
1956 - 1985
Learning from the past,
so as to help shape a more just future……
The Reform of the Criminal Justice
System in Australia…
Building on the John Barry Memorial
Lecture, November 2010
“The role of social activism in criminal justice reform”
http://www.abc.net.au/tv/bigideas/stories/2011/04/09/3185221.htm
Australian & New Zealand Journal of Criminology 44(1) 143-150
The Role of Advocacy
in criminal justice reform
•Rape in J Division Dormitory in March 1976
•Legislative change in age jurisdiction of the
criminal courts in Victoria
Police use of “deadly force” in Victoria in
early 1990’s.
Project Beacon and new emphasis on
the protection of human life…
Q. Police high speed pursuit policy…..?
How to make public authorities including
police, courts, corrections and prisons
accountable to the wider community?
Jika Jika High Security Unit…1980’s
Humane Containment?
H-Division physical brutality, to…
the bureacratisation of social control
Tamar Unit, Risdon Prison, Tasmania, 2011.
Adrian Alwyn Pickett v The State of Tasmania
Pro Bono Case undertaken by Freehills….
Pentridge Prison Unlocked, 1996
…..350,000 visitors on tour.
Major attempt at public education
Rapid expansion of the instrumentalities of
the criminal justice system in Australia,
Including the rapid growth of the national
prison population in last 20 years.
Incarceration of the poor and
disadvantaged … not just the
indigenous communities of Australia.
Research of Professor Tony Vinson
Emeritus Prof, Sydney University
Inaugural Director of NSW Bureau of Crime and Statistics, 1970’s
Former Commissioner for Corrective Services, NSW, late 1970’s
CAR Main Points
Measures disadvantage by postcode area in Vic and
New South Wales
Poverty concentrated and entrenched in certain areas
Strong correlations between social disadvantage
factors
Positive impact of social cohesion
RMIT University©2011
Information Technology Services
9
A report
commissioned
by Jesuit Social
Services and
Catholic Social
Services
Australia
RMIT University©2011
Information Technology Services
10
DISADVANTAGE FACTOR CORRELATIONS:
VICTORIA: CRIME
.601
.535
.633
.544
.534
RMIT University©2011
Low job skills
Job Qualifications
Disability Pensions
Year 12 Incomplete
Low income
Information Technology Services
11
DISADVANTAGE FACTOR CORRELATIONS:
VICTORIA: IMPRISONMENT
.466
.444
.411
.379
.506
.527
.661
RMIT University©2011
Low job skills
Low pre-school attendance
Unemployment
Year 12 Incomplete
Low taxable income
Child mistreatment
Public rental housing
Information Technology Services
12
Call for a reform of the Australian
Criminal Justice System.
Senator Jim Webb, U.S. 2009,
National Criminal Justice Commission
The United States:
5% of the world’s population
25% of the world’s prison population
The use of the criminal justice system to
deal with social disadvantage, mental
illness and addiction must be halted.
Major concerns here in Victoria:
•Sentencing reforms, limiting judicial discretion
•Post sentence detention (Patrick Keyzer’s paper)
•Armed guards on metropolitan railway stations
The role of the legal profession in
criminal justice reform needs to be
addressed….
Victorian Legal Aid is setting a lead in this area
Community Legal Centres play a pivotal role also
The Victorian Law Institute is increasingly active
BUT…. The tide is still heading in the wrong direction
The legal profession faces a serious risk
of being compromised in terms of its
commitment to promote justice
So do the social service providers,
including the church based
organisations: too concerned with their
contracts and funding opportunities….
Clearly individual advocacy is a critical
core responsibility of the legal
profession
But it is imperative to draw conclusions
from such professional practice to
address structural issues and causes
Where should the emphasis be?
Good social planning
Emphasis on community cohesion
Early intervention and prevention
Educational opportunities for all
Accessible health services
Minimise the role of criminal justice…
The battle is on right now……
We need to turn the tide of
repression and social control
Encourage the energy of young
advocates and social reformers
VLA Criminal Law Conference
A remarkable gathering of those
committed to the promotion of justice in
our society
May our discussions today consolidate
that commitment to positive change and
reform