Aggiornamento sulla petizioneIssue Warrants for George Pell and Denis Hart for perverting the course of justiceRoyal Commissioners ask for reform of Court processes for Child Sex Abuse trials
Helen DawsonKaringal, VIC, Australia
20 apr 2017
Justice McClellan recent speech looked at the options for reforming how trials of child sex offenders are prosecuted in Australia. Recommendations may include: "The Commissioners consider that all Australian DPPs should be able to implement a number of minimum requirements. Those requirements are: The adoption of comprehensive written policies for decision-making and consultation with victims and police. Ensuring that all policies are publically available and published online. Provision of a right for complainants to seek written reasons for key decisions. Justice McClellan's Conclusion In 2013 in Munda v The Queen six judges of the High Court stated: The proper role of the criminal law is not limited to the utilitarian value of general deterrence. The criminal law is more than a mode of social engineering which operates by providing disincentives directed to reducing unacceptably deviant behaviour within the community. To view the criminal law exclusively, or even principally, as a mechanism for the regulation of the risks of deviant behaviour is to fail to recognise the long-standing obligation of the state to vindicate the dignity of each victim of violence, to express the community’s disapproval of that offending, and to afford such protection as can be afforded by the state to the vulnerable against repetition of violence.[51] Munda was an appeal against sentence for the offence of manslaughter. However, the words of the Court are of general application. They have particular resonance in relation to the sexual abuse of children. The Royal Commission’s recommendations in relation to criminal justice issues are an opportunity for the entire Australian community to come together through their Parliaments to make changes in order to better fulfil that ‘long-standing obligation.’ There are few classes of offences in which the victim’s role in criminal proceedings will be as central as sexual offences. If we, as a community, wish to better ‘vindicate the dignity of … victim[s]’ and better protect ‘the vulnerable against repetition of violence’ we must encourage and support the participation of the victims in the criminal justice process. We must ensure our laws in relation to both substantive offences and procedure and evidence promote the conviction of those guilty of sexually offending against children and the acquittal of the innocent. And we must ensure that those who do offend against children are dealt with appropriately post-conviction. The Royal Commission will provide its report in relation to criminal justice to government in August 2017.
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