21 March 2002
Social Justice Commissioner urges NSW Parliament to reject changes to Bail Act
Aboriginal and Torres Strait Islander Social Justice Commissioner Dr William Jonas has called on the NSW Parliament to reject proposed changes to the NSW Bail Act introduced to Parliament yesterday by the Attorney-General, Mr Debus.
The Bail Amendment (Repeat) Offenders Bill 2002 (NSW) seeks to remove the presumption in favour of bail for certain repeat offenders, irrespective of the type of offence they have committed.
"These changes have the potential to impact disproportionately on Indigenous people in NSW," said Dr Jonas. "Indigenous people consistently constitute a high proportion of the remand population - an issue that has been of great concern since the Royal Commission into Aboriginal Deaths in Custody."
Of particular concern is the significantly high proportion of deaths in custody for people in remand. Furthermore, the Select Committee on the Increase in Prisoner Population in NSW found that many people held in remand do not ultimately receive a term of imprisonment when sentenced.
"The Royal Commission found that the reason so many Indigenous people died in custody was because they were represented in such disproportionate numbers," said Dr Jonas. "And during remand Indigenous prisoners are particularly vulnerable. I am concerned these changes will put Indigenous people at greater risk."
"Deprivation of liberty is one of the most serious actions which can be taken by the state. Article 9 of the ICCPR enshrines the right to liberty with Article 9.3 expressly stating that: "It shall not be the general rule that persons awaiting trial shall be detained in custody .."'.
"NSW has a most dubious record in responding to the recommendations of the Royal Commission into Aboriginal Deaths in Custody, particularly through changes to public order laws over the past four years which have significantly impacted upon Indigenous people. These changes appear to be part of a law and order campaign in the lead up to the next State election. As has happened with other law and order changes in NSW over the past five years, Indigenous people will suffer most from these changes."
Click here to read an Overview of the Bail Act amendments
Media contact: Janine
MacDonald (02) 9284 9880 or 0408 469 347
