Friday 10 January will see Ballina Mayor Sharon Cadwallader leading a community protest outside the Ballina Local Court and on Saturday 11 January Lennox Head residents are invited to a community crime meeting to discuss the local crime wave.
However, former magistrate, Professor David Heilpern has highlighted some concerns with the way Cr Cadwallader is framing her protest.
‘We live in a democracy, and the right to protest outside courtrooms is a given. It is heartening that the community cares sufficiently to make its views known, especially through its democratically-elected leaders,’ Professor Heilpern told The Echo.
However, Professor Heilpern has pointed out that Cr Cadwallader’s statement that, ‘Unless offenders are held in custody there are no laws that mandate offenders into educational programs’ is incorrect.
‘All defendants are innocent until proven guilty, and are not offenders until such time as that occurs,’ he explained.
‘To suggest that all persons should be locked up every time they are accused would simply hand all imprisoning power to the police. Further it is simply incorrect that education cannot be mandated by courts. Such orders are made every day in the Children’s Court.’
Bail laws and sentencing
Bail laws have had significant attention over the last 12 months with the tightening of the test for bail. President of the Law Society of NSW Brett McGrath has previously pointed out that the change to toughen up the laws, particularly in respect to children ‘has the potential to do a great deal more harm than good’.
In the meantime Professor Heilpern has highlighted the important role community standards play in the outcomes of bail and sentencing. However, he has also pointed out that we need to consider why the police are prioritising spending on drug searches and riot squads, rather than devoting increased resources to meeting obvious community needs in relation to crime.
In her press release yesterday, Cr Cadwallader stated that, ‘While I recognise that the decision to refuse bail lies with the Magistrate, I feel compelled to highlight the importance of considering community expectations when determining sentencing for these cases.’
Addressing these concerns Professor Heilpern told The Echo that, ‘again, with respect, there is real confusion in these comments between bail and sentencing. These are entirely different legal processes and different rules apply. However community safety is a key factor in bail and detention.’
Community expectation and priorities
‘There is undoubtedly a crime wave involving serious home invasions at present, and the solution is complex. More effective policing is certainly needed, and the police need to explain why having the riot squad at Brunswick Heads pub on New Year’s Eve with sniffer dogs, and helicopter raids on cannabis crops in the holiday season, meets community expectations. If such resources were directed to this [youth crime] issue rather than calling for tougher sentences, then we may be on the path to greater safety,’ he said.
‘It is really easy to make political capital out of youth crime, as we have recently seen in Queensland and the Northern Territory. In neither jurisdiction has a get-tough approach yielded any gain to the community. There is simply no reduction in crime. You cannot arrest your way out of the systemic causes of youth crime, no matter how attractive it seems.’
Protest and crime meeting
The protest is planned for Ballina Courthouse at 10am Friday 10 January, at the same time as a juvenile is due to appear facing charges in relation to a recent home break-in at Lennox Head in which a family was allegedly terrorised with knives.
A Lennox Head crime meeting will then take place on Saturday 11 January, from 5pm till 6pm at the Lennox Head Cultural Centre Auditorium.
‘It’s time to take the next step. This isn’t just about talking – it’s about turning ideas from our last meeting into action and creating real change for our community,’ organiser Alison Vickery told The Echo.
The key issues they will be addressing at the Lennox Head crime meeting are:
- Implementing the Street Safe Program to keep us and our kids safe
- Introducing CCTV with number plate recognition to deter crime before it happens
- Addressing the impact of bail laws and advocating for change
- Pushing for government accountability and immediate action
- Collaborating on further practical solutions
‘This meeting concerns solutions, progress, and making Lennox Head safer for everyone, especially our kids. Your voice matters, and your action counts,’ said Ms Vickery.
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