Target on law and order
THE Liberals have turned their attention to law and order, saying they will amend dangerous criminal legislation, launch a blitz on “ice” and change a law which they say allows “one punch” perpetrators to escape prosecution.
Justice Minister Elise Archer said yesterday that a re-elected Liberal state government would change the law on designating someone a dangerous criminal. The change would remove the requirement that the declaration be made by the judge who originally sentenced the criminal.
Declaring a person a dangerous criminal means they remain in prison indefinitely after their sentence expires for the protection of the community.
“It is a significant concern that the current provision has not been applied in many years,” Ms Archer said.
“The current system means an order can only be made by the same judge who sentenced the offender, which clearly places an unnecessary obstacle in the way of having an offender declared a dangerous criminal.
“We have heard the concerns of the community and we will act, with the current legislation to be amended to ensure dangerous criminals are not released when the courts and prosecutors believe they are too dangerous.”
Ms Archer also said the Liberals, if re-elected on March 3, would introduce a law to ensure “one punch” attackers could not use a “loophole” in the law.
“To date violent offenders of this nature that cause the death of another have only been able to be prosecuted under manslaughter,” she said.
“So what is open to them is to escape conviction by arguing that the death of their victim was an accident.
“So we will close this loophole and create a new law to ensure that these cowardly attacks will be held accountable.
“We will also ensure with new laws that the intoxication of the offender cannot be used as an excuse.”
Some of the state’s legal fraternity have called the changes confusing and unnecessary.
Spokesman for the Australian Lawyers Alliance Greg Barns said existing laws on “one punch” attacks worked well.
“This is more politicking and will lead to more confusion,” he said.
Law Society of Tasmania president Will Justo said his organisation would look at the legislation on merit but said he was unaware of any problem regarding the state’s laws.
“We don’t think there are any loopholes, there are defences,” he said.
Greens leader Cassy O’Connor said there had been no argument put forward for the change, saying it appeared to be “more rubbish populist law-and-order policies”.
Leader Will Hodgman said the Liberals would also re-establish a full-time Special Operations Group for Tasmania Police and support the creation of specialist “ice” investigators.