Ms CARNEY - 2006-02-21
In answer to an earlier question, you said that people who committed serious offences under your antisocial behaviour legislation would not escape gaol. Although you did not specifically say so, we assume that you talk of those committing murder, manslaughter, sexual assault and so on. Will you give the same assurance for people who have committed other offences, such as assault, criminal damage, vehicle theft, and unlawful entry, to name but a few? Will those people go to gaol, or will they not go to gaol if they say they have an alcohol problem?
ANSWER
Madam Speaker, under this government, if you commit a serious crime you go to gaol. Serious crime - serious time. That has been our policy. You certainly see the results when it comes to property crime, for example.
I noticed in the policy release from the Country Liberal Party that they accused us of getting rid of mandatory sentencing and going soft. Of all the ironies in the world, the Country Liberal Party accusing us of being soft because we got rid of mandatory sentencing for property crime! We got rid of mandatory sentencing because it did not work, it was the softest policy you have ever seen, and it was a wrong policy.
We have, subsequently, in a very tough approach, reduced that property crime by 50% across the Territory, and we will keep working on it. We think we should get it lower.
Under the legislation we are discussing today, there is an alcohol court, and there will be advice by counsellors on the nature of the alcohol problem that the person in front of the court is facing. There will be a magistrate sitting in the alcohol court, and those judgments will be made by individuals.
Let me restate that serious crimes will serve time in gaol. This is a matter of managing the problem. As the Attorney-General has carriage of this legislation, maybe he would like to add something further on that.
Dr TOYNE (Justice and Attorney-General): Madam Speaker, it is important to see this package in the context of the full range of ways in which we are responding to people’s behaviour in the community. The Supreme Court will continue to hear the most serious offences without the option of rehabilitation diversion.
It is the Magistrates Court which will form the alcohol court and, within the hearings within the Magistrates Court acting as an alcohol court, there are two levels at which the court can place orders over a person as a result of their offending behaviour. The intervention order is for people who are facing periods of time in gaol as a result of the offences for which they are appearing. The prohibition order is for a lower level of offending where alcohol is a key element in the person’s behaviour. Below that, again, are the summary offences and the whole structure that has been going on for many years in our community, protective custodies and the application of those summary offences in the communities. We have a whole range of ways in which a person with an alcohol problem can be picked up and put into some intervention as a result of this package, plus the pre-existing things that we are doing.
ANSWER
Madam Speaker, under this government, if you commit a serious crime you go to gaol. Serious crime - serious time. That has been our policy. You certainly see the results when it comes to property crime, for example.
I noticed in the policy release from the Country Liberal Party that they accused us of getting rid of mandatory sentencing and going soft. Of all the ironies in the world, the Country Liberal Party accusing us of being soft because we got rid of mandatory sentencing for property crime! We got rid of mandatory sentencing because it did not work, it was the softest policy you have ever seen, and it was a wrong policy.
We have, subsequently, in a very tough approach, reduced that property crime by 50% across the Territory, and we will keep working on it. We think we should get it lower.
Under the legislation we are discussing today, there is an alcohol court, and there will be advice by counsellors on the nature of the alcohol problem that the person in front of the court is facing. There will be a magistrate sitting in the alcohol court, and those judgments will be made by individuals.
Let me restate that serious crimes will serve time in gaol. This is a matter of managing the problem. As the Attorney-General has carriage of this legislation, maybe he would like to add something further on that.
Dr TOYNE (Justice and Attorney-General): Madam Speaker, it is important to see this package in the context of the full range of ways in which we are responding to people’s behaviour in the community. The Supreme Court will continue to hear the most serious offences without the option of rehabilitation diversion.
It is the Magistrates Court which will form the alcohol court and, within the hearings within the Magistrates Court acting as an alcohol court, there are two levels at which the court can place orders over a person as a result of their offending behaviour. The intervention order is for people who are facing periods of time in gaol as a result of the offences for which they are appearing. The prohibition order is for a lower level of offending where alcohol is a key element in the person’s behaviour. Below that, again, are the summary offences and the whole structure that has been going on for many years in our community, protective custodies and the application of those summary offences in the communities. We have a whole range of ways in which a person with an alcohol problem can be picked up and put into some intervention as a result of this package, plus the pre-existing things that we are doing.
Last updated: 09 Aug 2016