Lawyers warn on harsh laws

Loss of judicial discretion feared

GEELONG lawyers have slammed plans to strengthen mandatory sentencing laws, with one accusing politicians of turning judges and magistrates into “robots”.

The State Government is pushing ahead with a bid to tighten the legislation, which would mean the effects of drugs and alcohol would no longer be an excuse for avoiding jail on certain offences.

Less weight would also be placed on a defendant’s life circumstances in sentencing under the new laws.

But the proposal has sparked a fierce backlash from Geelong legal workers, who fear the proposed changes will entrench disadvantage on vulnerable people.

Lawyer Michael Brugman said continual political intervention was usually shortsighted and was making the justice system “unworkable”.

“For the majority of cases there is little complaint,” he said. “The politicians just grab a few cases and use them to justify headlines and laws that distort justice, reduce discretion and the tools they have to work with.

“They turn judges and magistrates into robots, in the hope that by doing so they will be seen as tougher and get elected. It is a lie that it will protect us and make the community safer.”

The tough new measures were tabled in Parliament last month in response to two women who avoided jail for assaulting paramedics.

Although there’s a mandatory jail term for attacks on emergency service workers, the pair walked free on appeal because of exceptions in the law for drug or alcohol-induced impairment.

Announcing the changes, Premier Daniel Andrews said mandatory jail was justified for “cowards” who attacked emergency workers.

Barwon Community Legal Service executive officer Nick Hudson said although he backed measures to protect workers on duty, he had “significant” concerns about the proposal.

“Evidence from Australia and around the world consistently confirms that mandatory sentencing does not work to deter crime,” he said.

“Evidence also shows that even short periods of incarceration have severe negative results on an individual’s life outcomes post-release.”

Mr Hudson said the changes could also discourage people from calling for help from emergency services when a friend or relative had issues with mental health and addiction.

Mr Brugman, who worked in the Northern Territory when mandatory sentencing was introduced in 1997, said jailing someone who did not deserve to go to prison was a crime in itself. He said mandatory rehabilitation was a better alternative.