Laws and Justice

A Controversial Proposal Facing Criticism from Legal Experts and Advocates

Main image to the post A Controversial Proposal Facing Criticism from Legal Experts and Advocates

Labor's 28-Day Trial Policy for Young Offenders Faces Criticism

The Western Australian Labor Party's pledge to put some of the state's most serious young offenders on trial within 28 days of being charged has been met with skepticism from lawyers, advocates, and the police union.

The policy aims to expedite the legal process for young people accused of violent offenses who commit further violent crimes while on bail. These individuals would face trial within a month, although sentencing could occur later.

Police and Corrective Services Minister Paul Papalia believes this approach will lead to quicker consequences for young offenders, potentially deterring them from further criminal activity. He also emphasizes that detention remains an option for high-risk offenders.

However, the Aboriginal Legal Service (ALS) argues that Labor's policy contradicts existing initiatives in the Children's Court that prioritize early intervention and rehabilitation. ALS director of legal services, Peter Collins, highlights the detrimental effects of detention and advocates for alternative measures.

Labor's plan also includes establishing a second children's court with a therapeutic program and utilizing an app for curfew monitoring. The WA Police Union (WAPU) expresses concerns about the policy's feasibility, citing potential resource constraints and delays in evidence collection.

Legal experts like Tom Percy KC also deem the 28-day deadline impractical due to scheduling challenges for judges, lawyers, and prosecutors. Outgoing Attorney-General John Quigley counters this argument by urging stakeholders to prioritize efficiency.

Social Reinvestment WA CEO Sophie Steward emphasizes the need for a functional youth justice system capable of providing genuine rehabilitation. She, along with ALS CEO Wayne Nannup, advocates for investing in prevention and rehabilitation programs as a more effective approach to community safety.

Labor's policy also includes measures to review bail decisions and penalize adults who fail to report bail breaches. The opposition acknowledges the initiative but questions its genuine implementation.

Overall, Labor's 28-day trial policy for young offenders faces criticism from various stakeholders who raise concerns about its practicality, effectiveness, and potential negative consequences. The debate highlights the ongoing challenge of balancing swift justice with the need for appropriate support and rehabilitation for young offenders.

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May 21, 2023 | 05:09