SENTENCING LAW FLAWS

SENTENCING LAW FLAWS

THE QUEENSLAND Law Society (QLS) has condemned the state government’s mandatory sentencing policy, saying it won’t prevent crime.

Human Rights Commissioner Tim Wilson threw his support behind the QLS at the launch of its policy paper in April.

“The implementation of mandatory sentencing means that the terms of sentencing, a key aspect of interpreting laws, are determined by the executive and are not reviewable by the courts,” Wilson says.

Wilson says there are a number of alternatives to consider, including social support programs, diversionary programs to avoid court, education and non-custodial sentencing.

“But mandatory sentencing laws do not provide a solution – instead they stifle the role of courts to review and interpret the laws. Governments instead create arbitrary sentencing laws that are often not proportionate to the crime and do not allow sentencing judges to consider mitigating factors.”

The QLS believes it will also create a financial burden, with the estimation that it costs $190 a day to keep someone in prison – or nearly $70,000 each year.

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