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Archived Press Releases 2006 15th February 2006

Call for independent investigation on police concerns

(15th February 2006)

A criminal justice watchdog group is calling on the Government to establish an independent commission of inquiry to look into concerns expressed by senior police.

After a number of senior police took the unprecedented step of going public with their concerns yesterday the Sensible Sentencing Trust say they have also been contacted by a number of police expressing similar concerns.

Trust spokesman Garth McVicar said that as a result of those discussions the Trust had decided to back the Police and will now approach Govt. to establish an independent commission and / or a Select Committee inquiry to investigate and make recommendations.

"The police are saying that their job has become increasingly difficult as police powers have been gradually eroded to the point where the criminal element now has the upper hand."

Specific issues of concern are:

1. Obligations of "disclosure" : Disclosure has become so weighted towards the criminal that clever defence lawyers are building their defence based on the evidence they know the police have, this has resulted in reduced charges or worse, no conviction.
2. Bail for violent offenders : The police are concerned at the number of violent offenders being granted bail even when strongly opposed by police and the number of innocent people being hurt while offenders are on bail.
3. Early parole or Home Detention for violent and / or recidivist criminals : Police are concerned that early release on parole or home-detention is sending the wrong message to the criminal element resulting in increased offending and prison population
4. Right to warn communities : Police also want the right to warn communities of potentially dangerous offenders in their midst.
5. Right to silence : Police also want to end the so-called “right-to-silence” in Courts so Judges and Juries can draw their own conclusions from a defendant’s failure to present evidence or subject themselves to cross-examination.

Mr McVicar said that there was also a huge concern from the police that had approached the Trust that what was once a well-performing justice system had gradually been eroded to the point it was now an offender-centred legal system, resulting in an increased prison population and over loaded Courts and police force.

"The general consensus seems to be that the criminals now have all the so-called rights and they would like to see a change of emphasis and balance to a more responsibility based victim-centred system with the focus on delivering justice for the law-abiding public."

The Sensible Sentencing Trust is also calling on the Police Association to back the call for an independent commission of inquiry.

Regards,

Garth McVicar
National Spokesperson,
Sensible Sentencing Trust.