The Minns Government are facing accusations of sneaking through huge changes to criminal law, after they announced amendments to their own months-old Further Organised Crime Bill containing 'adult time, adult crime' laws, new criminal offences, expanded digital surveillance powers for the Crime Commission, and draconian new Serious Crime Prevention Orders.
Greens MP, Solicitor and Spokesperson for Justice Sue Higginson said, "The Government is thwarting the democratic law making process so their draconian criminal laws will not be debated or fought on their merits, these drastic changes will be snuck through as Government amendments to a completely different Bill,
"We are contemplating extraordinary 'adult time adult crime' laws, new criminal offences, and a radical expansion of the controversial Serious Crime Prevention Orders, but members are being given mere hours between seeing the text of these laws and being asked to vote on them,
"Experts will have no time to meaningfully examine these laws, and that appears to be by design. Any expert would tell the government their laws to lock up more children and young people, and to radically infringe upon civil liberties, do not tackle the causes of crime and will do nothing to keep communities safe,
"The amendments concerning Serious Crime Prevention Orders constitute a huge backflip from NSW Labor, who opposed these orders being created while in opposition. Several Labor Cabinet members warned these laws would threaten civil liberties, undermine the presumption of innocence, and erode the right to protest. These same Labor Ministers are now lining up behind a radical expansion of the laws they once condemned,
"As a bare minimum of procedural fairness and commitment to the democratic process, the Government should withdraw these amendments, consult with experts and defend these extreme legal measures on their merits through a separate Bill," Ms Higginson said.
Background:
In 2016, NSW Labor MPs voted against the creation of Serious Crime Prevention Orders.
Jihad Dib, Labor Minister for Youth Justice, said:
This set of bills is yet another example of a government that goes through the pretence of consultation but does not actually listen and refuses to accept the advice of people and groups that do not fit its agenda.
The bill goes well beyond comparable legislation in other countries, such as Britain, and it threatens longstanding rights that I guarantee the man or woman in the street would assume are protected-rights like the presumption of innocence, the prohibition on arbitrary arrest, the right to a fair trial, the application of rules relating to hearsay evidence, and the right to be protected against double punishment. Remarkably, this bill also permits authorities to pursue a serious crime prevention order [SCPO] even when a person has been acquitted of criminal charges. That cannot occur in the United Kingdom.
Jo Haylen, Labor Member for Summer Hill, said:
New South Wales Labor does not support the bills in their current form and will move substantial amendments in the other place to protect our judicial system and the rights and freedoms of New South Wales citizens. Those same citizens will see through these bills and know them for what they are: a cynical political wedge, lobbed on the eve of a Federal election. They will also recognise the bills as another overreach by the Minister for Justice and Police. The bills come on the back of the Government's anti-protest laws, the inclosed lands Act-legislation that threatens peaceful protesters like the Knitting Nanas with seven years imprisonment or stiff fines and up-ends fundamental rights with respect to private property. I do not support those kinds of powers being handed over to the police.
. They do not need restrictive and anti-democratic laws imposed on them by this police Minister. These bills are part of an alarming trend when it comes to lawmaking in this State. They are reactionary and disproportionate laws, and the legal professionals and citizens are right to ask: Where is the Attorney General in all of this? The chief defender of our legal system in this State has surrendered important ground, and we will bear the cost of that. There is no need for these laws. Let us, instead, approach this matter through a parliamentary inquiry. Let us have a proper investigation as to what is required so that we get the balance right. We need proper scrutiny of the massive changes that are being proposed here. This is a vast reorganisation of our legal system and we need to make sure that we get it right. New South Wales Labor does not support the bills in their current form and it will seek to make serious amendments to them in the other place.
Jodie Harrison, Labor Minister for Women, said:
The potential for this law to interfere with privacy and the freedom of movement, expression and communication of the people of New South Wales is manifest. If the SCPO is contravened, they are liable to imprisonment. The bills effectively set up a rival to the criminal trial system, as an SCPO can operate as an alternative to prosecution. If passed, these bills could potentially result in police applying for an order, instead of bringing a prosecution in the criminal court where perhaps they think they have an underwhelming case.
…It is deeply concerning that the Minister for Police has not consulted legal professional bodies, law reform agencies or civil liberties organisations. This process has been secretive and opaque and has inevitably led to the introduction of this incredibly bad legislation. The legislation was dropped into Parliament with no prior discussion, let alone consultation with this side of the House. From this, one can only surmise that this is a piece of legislation designed purely for political pointscoring.
* NSW Bar Association step up attack on Baird government's law and order policy changes
