Tasmanian Liberals : Tough on Crime

Tough on Crime

What the Tasmanian Liberals will do:

Make real change and be tough on crime by introducing mandatory sentences for serious assaults against police and emergency service workers.
We will put a victims of crime representative on the Parole Board.
We will also reduce reoffending and the cost to the community by providing alternative sentencing options and rehabilitation programs.

Why this policy is needed

It is vital that every part of our system of law enforcement is supported by government, whether it is our police, our courts, our youth justice workers, or our prisons and wider sentencing system.

A Hodgman Liberal Government will implement a tough range of measures to improve our system of justice, support our police and other emergency services workers and make our prison system more effective and accountable.

Assaults against police officers have steadily increased from 867 in 2004 to 1,133 by Christmas 2009.

In addition, last year alone:

Ambulance and corrective services officers were attacked on duty.
Ambulances were damaged and property stolen while the officers attended an injured person.
Two prison officers were hospitalised after an attack at Risdon Prison.

In 2004 a police officer was punched and received a fractured eye socket. The offender was convicted and received a 1 month prison sentence, wholly suspended.

In 2005 a police officer was struck across the face with a wine bottle, receiving a broken nose, deep lacerations and has ongoing sinus problems. The offender was convicted and received a 1 prison month sentence, wholly suspended. The offender has since been convicted of several assaults, including two more for assaulting police.

In 2007 a female police officer was kicked in the face, fell and received recurring back injuries which have kept her on light duties ever since. The offender pleaded guilty, had a conviction recorded but no other penalty.

Serious assaults against police and emergency workers
The number and seriousness of assaults against police in Tasmania has now reached a level which we believe is unacceptable to the community.

After careful consideration, the Tasmanian Liberals believe the time has come to act.

A Hodgman Liberal Government will introduce new laws for serious assault against police and emergency service workers.

We will introduce a new crime of serious assault committed by adult offenders against police and emergency service workers. It will have a minimum penalty of 6 months’ imprisonment where the assault results in bodily harm to the victim.

The new crime will apply to serious assaults against:

Police officers;
Emergency services workers, including ambulance officers, fire officers, volunteer fire officers and SES volunteers;
Hospital workers;
Prison officers;
Child protection, community corrections and youth justice workers;

If a person over the age of 17 commits a serious assault which results in bodily harm to the victim, the court must impose a term of imprisonment of at least 6 months.

This legislation will be introduced within six months and will be drafted after consultation, including with the Law Society of Tasmania and the Police Association of Tasmania.

The legislation will provide that an evidence-based review of this new provision will be undertaken after the second anniversary of it becoming law.

Other serious assaults
A Hodgman Liberal Government will introduce new provisions which will provide for an additional category of serious assaults committed against the following victims:

Persons aged 60 and over;
Children under the age of 16; and
Persons with disabilities or who are frail.

In addition, an assault committed in prescribed circumstances of aggravation will also be deemed to be a serious assault. This will include assaults motivated by hate or prejudice against a particular group (e.g. based on their race, religion, sexual orientation or disability).

The creation of this additional category of serious assaults will send a clear message to the community, and the courts on how a Hodgman Liberal Government expects these serious crimes to be treated.

Serious assaults committed against vulnerable victims and in circumstances of aggravation will also be reviewed and if the Liberal Government considers a minimum mandatory provision needs to be included, the Government will seek further advice from the Sentencing Advisory Council.

One punch can kill
A Hodgman Liberal Government will commission the Tasmania Law Reform Institute to examine and report to the Government on provisions in other States relating to "one punch laws'', where a person who unlawfully assaults someone who then dies as a direct or indirect result of the attack is liable to the same penalty for the offence of manslaughter even if the death was not intended or reasonably foreseeable.

Compulsory treatment for sex offenders
Under a Hodgman Liberal Government, all persons serving a sentence for a sex crime will be required to undertake sex offender treatment prior to their release on parole. The form of treatment will be determined according to the circumstances of the particular offender. But it will be clear, if an offender refuses to undertake the required treatment, they will not be granted parole until they do.

We will also pilot a community-based sex offender program to provide follow-up treatment and support for offenders who have been released from prison and those completing a community-based sentence.

Home detention and electronic monitoring
A Hodgman Liberal Government will introduce a ‘front end’ home detention, including where appropriate using electronic bracelets, as a sentencing option for non-violent offenders.

This will help reduce re-offending by eligible offenders by facilitating employment and enabling family and community ties to be maintained. It will also help offenders continue to meet other work and study commitments and reduce exposure to the negative influences of a prison environment.

Home detention will be as much about deterrence and rehabilitation as it is about punishment. The experience of other jurisdictions shows that like other community-based sentencing options, the cost of home detention is significantly less than the cost of imprisonment.

Sentencing Advisory Council
The Tasmanian Liberals committed to a Sentencing Advisory Council in 2008. Under a Hodgman Liberal Government, the first two references to the Sentencing Advisory Council will be to review the range of penalties currently available for sex offences and to suggest an appropriate penalty range for the new crime of serious assault.

Better Support for Victims of Crime

Victim of crime on the Parole Board
A Hodgman Liberal Government will amend the law to provide for a person representing victims of crime to be a full member of the Parole Board.

Labor believes that consideration of victim of crime statements is sufficient, but the Tasmanian Liberals believe it is important that the Parole Board has at least one person with direct experience of the trauma experienced by a victim of serious crime.

Charter of Victims’ Rights
A Hodgman Liberal Government will establish a non-statutory Charter of Victims’ Rights within six months to provide a single source document for victims of crime to know what to expect from the justice system, what services are available to victims and what remedies are available if they have any complaints about the way they are treated by the agencies of the criminal justice system.

Generic Court Support Service
A Hodgman Liberal Government will examine the efficiency and operation of the Court Support and Liaison Service and the Serious Witness Service with a view to establishing whether a single, generic Court Support Service for all levels of courts would be more effective.

Victim Support Services
A Hodgman Liberal Government will call for expressions of interest from the community sector to provide the Victims of Crime Service including provision of victim support and counselling. On receiving those expressions of interest, the Government will determine whether it should be outsourced.

Labor believes that consideration of victim of crime statements is sufficient, but the Tasmanian Liberals believe it is important that the Parole Board have at least one person with direct experience of the trauma experienced by a victim of serious crime.

Victim Impact Statements
A Hodgman Liberal Government will extend Victim Impact Statements to certain non-indictable offences where there is a particular human impact, for instance motor vehicle stealing.

Independent Prisons Inspectorate
A Hodgman Liberal Government will establish an independent prisons inspectorate. This inspectorate will oversee the Official Visitors program with independence and teeth, and will be headed by a part-time Independent Inspector of Prisons. The Independent Inspector will report to Parliament, not the Minister, to ensure there is independent scrutiny of our prisons system. The inspectorate will be responsible for monitoring Risdon, Hayes Prison Farm and the reception prisons. The inspectorate will also work with the Residents’ Advocate at Ashley.

Dedicated Pre-Release Drug and Alcohol Treatment Program
According to the ‘Breaking the Cycle’ Discussion Paper prepared by the Department of Justice, substance abuse has been identified as one of the “central eight” risk factors. In order to reduce the risk of reoffending, interventions need to address the factors which contribute to offending.

The Tasmanian Liberals believe that prisoners with a drug or alcohol problem should receive treatment while in custody, with follow-up support provided pre-release and post release. We consider the current approach to the provision of drug and alcohol treatment requires further improvement. While some community organisations have delivered pre and post release services, it has been on an ad hoc basis with no guarantee of ongoing funding. The Tasmanian Liberals will provide funds for a dedicated pre-release drug and alcohol treatment program at Risdon Prison, which includes follow-up support on release. Expressions of interest will be sought from suitable providers.

Post-release accommodation support program
A significant barrier to successful reintegration is the inability of newly-release prisoner to secure stable accommodation on release from prison and the lack of ongoing support to help them get their lives back on track. The Parolees’ Transitional Accommodation Project was implemented by Bethlehem House to help tackle this problem. The project provides intensive case management, referral, service coordination, advocacy and mentoring. A community tenancy of four one bedroom units was also secured to provide transitional accommodation. Funding for this project is due to cease in June this year.

A Hodgman Liberal Government will fund an accommodation and post-release support program to assist newly-released prisoners in their transition into the community. Expressions of interest will be sought from suitable providers.

Review of Safe at Home legislation
A Hodgman Liberal Government will commission the Tasmania Law Reform Institute to conduct a review of the Safe at Home legislation to ensure that it is operating effectively and fairly. The Institute will also be asked to evaluate the Family Violence Offender Intervention Program and consider other programs for family violence offenders which may be more effective.

This review is necessary because of the lack of consultation with major stakeholders and the lack of action over recommendations in previous reviews.

Members of Parliament and public officers
A Hodgman Liberal Government will commission the Tasmania Law Reform Institute to examine the Criminal Code provisions relating to offences committed by public officers and Members of Parliament. The need for this review of the existing provisions was recommended by the Joint Select Committee on Ethical Conduct.

Review of Monetary Penalties Enforcement Service
A Hodgman Liberal Government will conduct a review of how the Monetary Penalties Enforcement Service has been implemented, particularly focussed on streamlining procedures between agencies.

Unexplained wealth legislation
A Hodgman Liberal Government will, after an examination of the legislation in the Commonwealth and other States, implement unexplained wealth legislation in Tasmania. The purpose of unexplained wealth legislation is

to deter those contemplating criminal activity by reducing the possibility of them gaining or keeping a profit from that activity;
to prevent crime by lessening the capacity of offenders to finance any future criminal activity they might engage in; and

Justices of the Peace review
Honorary Justices are essential to the operation of Tasmania’s court system. Justices of the Peace preside over courts in major centres almost every night of the week and perform many other non-court functions in the community.

A Hodgman Liberal Government will look at the recruitment, training and ongoing support for honorary justices and the accessibility of their services to the Tasmanian community.