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THE Bracks Government, like all incumbents bunkering down for an election, is very keen to paint itself as tough on crime. In recent months senior ministers have made a number of announcements designed to shore up their law and order credentials. Anti-hoon legislation was introduced, allowing police to seize cars of dangerous drivers. Huge fines of up to $20,000 were trumpeted by Premier Steve Bracks as a way of cracking down on repeat drink-drivers. The abolition of suspended sentences was legislated. Even the Left-wing Attorney-General Rob Hulls got into the act, announcing he would be sending judges back to school to encourage them to hand down sentences that were in keeping with community expectations. So why, if this Government is so tough on crime, is it dragging its heels when it comes to the worst criminals in Victoria -- recidivist sex offenders who attack women and children? Victoria does not yet have laws that allow people to be detained at the end of their jail terms if they have shown that they cannot, or will not, be rehabilitated. Queensland, New South Wales and Western Australia have laws allowing courts to keep prisoners in jail if there is a belief they will re-offend. In recent weeks, the Government has engaged in legislative gymnastics in a bid to keep four of these highly dangerous criminals out of the community. The legal shenanigans came about because one of these heinous criminals -- self-anointed "sex witch" Robin Fletcher -- successfully argued in court that an order by the Adult Parole Board for him to serve out his parole inside jail property was unlawful. The court decision was a predictable one. The Adult Parole Board's orders were a de facto way of keeping Fletcher inside jail. When the court ruled the orders were unlawful, the Government changed the laws to firm up the Board's powers, with the Liberals agreeing to the emergency measure to keep Fletcher inside. None of this would have been necessary if the Government had moved more quickly to introduce continued detention. VICTORIA already has a law that allows criminals to be locked up for life. It is called indefinite detention and it's rarely used. Three men are currently locked up indefinitely, deemed too dangerous to be released. The orders were made at the time of their convictions. The problem with Fletcher and three other repeat pedophiles, including the notorious Brian "Mr Baldy" Keith Jones, is that they didn't receive an indefinite detention order when they were convicted. Seeing this problem emerging like a dark cloud on the horizon as the men's sentences expired, Hulls asked the Sentencing Advisory Council to examine whether Victoria needed continued detention. The council provided some advice to the Government and is expected to make recommendations next year. In the meantime, the Government is talking up the unsatisfactory and temporary measures it has cobbled together using the Adult Parole Board to order these criminals to serve out their parole under close supervision, inside or just outside the Ararat Prison. The rhetoric -- that the Government is acting decisively -- seems to be working, and even prompted Father Peter Norden, from the Victorian Criminal Justice Coalition, to issue a statement urging politicians not to treat people more harshly simply because there was an election on the horizon. But the fact is the Government has not moved quickly enough to establish a firm, legislative framework that would detain pedophiles and sex offenders at the end of their sentences if they are still a danger. Locking up a person for a crime they have not yet committed is a grave breach of a person's rights, and must only be undertaken in the most extreme circumstances. Such a serious responsibility should fall to a Supreme Court judge, not the staff of the Adult Parole Board, no matter how experienced, competent and well trained they are. Government sources say there is a will within Government to introduce the laws. But so far the Government has only said it wanted to debate the matter. AND while the Liberals are yet to reveal their law and order policy, they have been hammering the Government on this issue and would be expected to support any legislative change. It is time for Victoria to act. Parliament is expected to be recalled in December for a special sitting week after the November 25 election. With Labor a red-hot favourite to win, it needs to use that week to introduce continued detention laws to ensure criminals who prey on children face a future behind bars. Herald Sun (18-10-2006) Ellen Whinnett |
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