I have some questions,looking for serious answers.
These restrictions include curfews, 24-hour monitoring, travel bans, tracking bracelets, and geographical limits to their movements. It could mean that a person is kept in prison long after their sentence has expired, even indefinitely.
1. Is this act constitutional?
2. Does this act create a mockery of the judiciary, seeing as offenders are punished for years beyond court sentencing?
3. Given the high courts wobbly stance, can this act be challenged and invalidated? Would a non-indigenous approach see better results?
4. Does this act align with the spirit and standards upheld by the state of Western Australia, even Australia as a whole?
5. Can first time offenders, with no chance of re-offending, have themselves removed from the list? I note appeals of orders must be made within 21 days - are their other pathways?
Thanks
RT
High Risk Serious Offenders Act 2020
The WA High-Risk Serious Offenders Act gives extraordinary powers to the government to restrict the freedom of people who have already served a sentence for a crime they committed.These restrictions include curfews, 24-hour monitoring, travel bans, tracking bracelets, and geographical limits to their movements. It could mean that a person is kept in prison long after their sentence has expired, even indefinitely.
1. Is this act constitutional?
2. Does this act create a mockery of the judiciary, seeing as offenders are punished for years beyond court sentencing?
3. Given the high courts wobbly stance, can this act be challenged and invalidated? Would a non-indigenous approach see better results?
4. Does this act align with the spirit and standards upheld by the state of Western Australia, even Australia as a whole?
5. Can first time offenders, with no chance of re-offending, have themselves removed from the list? I note appeals of orders must be made within 21 days - are their other pathways?
Thanks
RT