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Cover Framed Issue No. 34 approx. 32K |
A Selection of Articles from the current Issue of Framed Come Hell or High Water: The Metropolitan Remand & Reception Prison - by John Murray Putting your finger on the Line: Biometric Identification Technology Campaign to Stop Biometric Scanning Glock Shock: The One-Sided Arms Race - Randy Winchester Policing Redefined: A Critical View of the Wood Report - Tim Anderson Framed Supports the Forensic Mental Health Review Mixing Racism and Economics: NSW Juvenile Justice - Peter O'Brien My Two Weeks in Mulawa - Sindy Burgess || Framed main || Framed archives || || Framed subscription || Site index || |
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Campaign to Stop Biometric Scanning The NSW Criminal Justice Coalition continues to actively campaign to stop the use of biometric scanning technology by the NSW Department of Corrective Services.The Coalition, which includes Justice Action, is comprised of sixteen organisations working on a diversity of criminal justice, prisoner support, reform, and civil liberties issues. What's current: The Minister and Department of Corrective Services are understood to have recently negotiated a 'biometric exception' with the NSW Law Society, NSW Bar Association and NSW Legal Aid Commission. This agreement will exclude all members of the legal profession from fingerprint scanning, leaving the potential invasion of personal privacy for the service providers and staff who work within jails and the families and friends who visit prisoners. This discriminatory practice conflicts directly with the Department's consistent claims that biometric technology can only be effective as a security measure if imposed upon each and every entrant to NSW prisons. No exceptions, no discrimination. The NSW Privacy Committee Board continues to investigate the use of biometric scanning by the Department. The Board, our peak state privacy watchdog, was belatedly asked to evaluate the necessity of biometrics and make recommendations to Corrective Services by Minister Debus, following concerted pressure by the Criminal Justice Coalition. The Department of Corrective Services has recently proposed draft regulations that would govern biometric use, despite the fact that the NSW Privacy Committee has yet to issue an evaluation as to the need for the technology or make recommendations for either less evasive alternatives or for implementation of strict privacy protections. It remains the logical and ethical position of the NSW Criminal Justice Coalition that Corrective Services should suspend use of biometrics until the Privacy Committee, community stakeholders and all 'scanning targets' have been adequately consulted. The draft regulations affirm all of the Coalition's concerns about biometrics and have been analysed, critiqued, and rejected in a submission to the Privacy Committee.The Regulations, for example, would allow for expansion of scanning to ALL NSW prisons at the Commissioner's discretion, would enable scanning of children under 18 at a governor's discretion and propose woefully inadequate privacy protections of personal data.
Contact the Criminal Justice Coalition to receive pre-addressed complaint cards for your distribution to friends, families and other organisations. Contact the Coalition for an information kit, to volunteer or to make a contribution. The Criminal Justice Coalition can be reached through Justice Action, Glock Shock: The One-Sided Arms Race Shot themselves, and other officers, when cleaning their guns. Shot themselves in the leg or foot when reholstering their Glocks. Shot 'suspects'/bystanders/other police/themselves 'accidentally' on the street. Policing Redefined: A Critical View of the Wood Report Tim Anderson The Final Report of the Police Royal Commission is in many ways a conventional, disappointing document, mostly relying on reshuffling management, 'back-to-basics' patrol policing, integrity based on individualism and increased police powers. For all the Commission's exposure of corrupt practices, there were hardly any recommendations for concrete measures which would protect citizens from the demonstrated police abuse of existing powers. The government would do well to re-examine these areas.The strengths of the report were mostly already known. The Commission exposed and identified a wider range of corrupt practices than any inquiry before it. It detailed the much neglected and routinely denied 'process corruption': perjury, planting of evidence, 'verbals' or fabricated confessions, denial of suspects' rights, assaults to induce confessions, posing as a solicitor to induce confessions, tampering with electronic recording equipment. Few of these had previously been officially identified as 'corruption', though critics had spoken of them for decades.However, reforms proposed to deal with 'process corruption' were limited and weak. The report suggested less reliance on informers and 'confessions', given the widescale abuses in this area; yet no mechanism to ensure such a shift was spelt out. It proposed arrest as a 'last resort', and mentioned cautions and 'court attendance notices'; but only as means to "overcome the current log jam police are experiencingî. Greater use of tape recorded interviews was suggested, as were some changes to police interview procedure. However no mechanism was proposed to ensure that suspects have access to legal advice. The emphasis was mostly on the needs of policing.The Wood report also failed on two important counts: it failed to support much-needed drug law reform, and it largely ignored community supervision of police. While the ACT heroin trial was given cautious support, along with needle exchange programs, 'shooting galleries' and drug education, there was no proposal for decriminalisation. The Commission showed little courage in this area; a great disappointment, given the growing consensus in favour. A conservative government needs more encouragement than this.Although the Report recognised that there had not yet been any meaningful 'community policing', it proposed no real structure to develop this. Rather, the Commission was complicit in abolishing the Police Board, and its proposed Civilian Advisory Councils were merely for 'feedback' to Police Commanders a kind of glorified Neighbourhood Watch. This is no model of police accountability to the community, and will do little to help rebuild the community's shattered confidence in the NSW police.The Commission promoted a reliance on individuals and the so-called 'unquestioned integrity' of major decision makers. Police Commissione,r Peter Ryan, it is said, has to be empowered and allowed to manage 'like any other CEO'. In the process, however, the belief in a healthy dispersal of power has been abandoned. Instead, we have the have belief that an unsupervised, powerful individual working with similarly empowered local commanders can fix the systemic corruption of a very large organisation.Giving greater powers to the Commissioner and Commanders necessarily means a stripping away of the rights of those working under them. Police reacted with understandable anger to the abortive move to remove their right to appeal a dismissal. "Crims can appeal, why not usî they asked, quite reasonably. Special Branch returns and police powers must be extended: what's new? The Protective Security Response Group proposed by Police Commissioner Peter Ryan, within weeks of the abolition of the old Special Branch, was simply rubber stamped by the Royal Commission. With no independent analysis, or explanation of what was wrong with the old political police, this new group was rapidly proposed (presumably because of fears for the Olympics) with a very similar brief and just a few new supervisory rules. The Government should give this more thought.The Commission then set out to solve some chronic problems of police illegality by shifting the legal 'goalposts'. Thus it proposes to solve illegal phone taps by giving police new phone tapping powers, to rectify illegal bugging by amendments to the Listening Devices Act, and to fix illegal detentions by rushing through the Detention After Arrest Bill. This Bill would give police the power to hold suspects for up to 12 hours after arrest for further questioning. Safeguards can be looked at later, the Commission suggests. The Commission also rejected the proposal for a new authority to investigate miscarriages of justice. Sympathetic to this cause, it makes the reasonable proposal that the Court of Criminal Appeal be empowered to award compensation in appropriate cases.However, by rejecting a new 'Tribunal' the Commission misses the central point. Justice Action and the Council for Civil Liberties have been calling for a new investigatory body, not a new Tribunal. We have been doing this because those falsely convicted, on fabricated police evidence, often do not know or have access to the evidence that may vindicate them. This problem flowed, in part, from the Royal Commission's own practice of suppressing the identity of police who confessed to framing suspects. Victims of corrupt practices were therefore kept in the dark. We will continue to call for a new authority to ensure that this evidence is brought to light, and referred to the courts, or to special inquiries.A realistic approach to dealing with police corruption must abandon the traditional 'fixes' suggested by individualism and greater police powers. New emphases on community supervision of police, restitution for those victimised by abuse of police powers, and a respect for civil rights of both police and citizens would better address the problem. - END To the top of page FRAMED Supports the Forensic Mental Health Review The long awaited Review of Forensic Mental Health Services New South Wales has finally been released by the Corrections Health Service (CHS). This damning Report, into service provision for mentally ill prisoners, was kept under wraps for months by the CHS, while they decided whether to release it to the public or not. After much delay, the Report, by independent Professor Robert Bluglass of Birmingham, was released.Before its release the CHS added numerous footnotes which conflicted with evidence uncovered by Professor Bluglass, who declined to provide annotations to the Report. While Bluglass admitted there was "some minor errors of fact statistically", he felt that none were substantial enough to amend the Report. As a result we are left with a sense of verbal war between the CHS and Bluglass; Bluglass saying one thing, only to be annotated by the CHS saying the exact opposite. Despite the CHS objections to the Report it has drawn serious attention to the issues faced by mentally ill prisoners in NSW and the need to give these issues immediate attention.In his review, Professor Bluglass found that the treatment of mentally ill prisoners fails to conform to the United Nations Standard Minimum Rules for the Treatment of Prisoners. This means that the key recommendations of the Report of the National Inquiry into the Human Rights of People with Mental Illness (1993) have not been implemented. On page 27 the Bluglass Report says in part:"At the present time, there is no significant comprehensive psychiatric service for mentally abnormal offenders in New South Wales and existing services are primarily located within the correctional setting at Long Bay Hospital, primarily in three wards. This provision gives a very definite impression of a prison dominated culture, rather than the therapeutic environment of a hospital and this, undoubtedly, results from the sitting of the hospital in the Long Bay complex which results from policy decisions and legal requirements. The consequence is a domination by prison culture which is highly unsatisfactory for a proper forensic evaluation of patients suffering from serious mental illness and a serious inhibition in the ability to provide a proper quality of treatment and rehabilitation. The wards at Long Bay Hospital are seriously understaffed and the tension between nurses and corrections officers is frequently evident. The corrections officers are primarily concerned with security and have no training, limited understanding and often little empathy for, or knowledge of, the disorder suffered by patients, although there are notable exceptions to this, and some officers who contribute and engage with patients."In addition to this, Bluglass found that: "The staffing levels for all professions are grossly insufficient. The medical input is seriously limited and the few sessions which each consultant is able to give means that they cannot lead, or be involved in, therapeutic programs, build up supportive teams and develop innovative programs for patients. Inevitably, they have to be prescriptive. They are insufficiently supported and morale is poor. Generally the doctors are critical of the conditions for the patients and for the staffing levels." In terms of services provided Bluglass states that: "The occupational therapy and rehabilitation input is so limited as to be almost invisible and this is a grossly serious absence to the range of therapeutic inputs which should be present to the provision of a first class service." George Selvanera, the previous Coordinator of Justice Action, wrote in a letter to the Human Rights and Equal Opportunity Commission:"These findings represent a bleak picture about the implementation of the recommendations of the Report of the National Inquiry into the Human Rights of People with Mental Illness and the commitment of the NSW Government to meet the basic human rights of this seriously disadvantaged group of the community."From his investigation, Professor Bluglass has recommended that individuals suffering from a serious mental illness be cared for in a hospital setting, as opposed to a prison one: "...in conditions of no more security than is necessary for their safe care, and for the protection of the public." Professor Bluglass praised the facilities available to mentally ill people at the Kestrel Unit of Morisset Hospital, which is fully equipped to care for forensic patients. He suggests the excellent facilities at Morisset be used as a model for future care of mentally ill offenders. While these recommendations could not possibly be implemented immediately, due to the extensive changes it would mean to law and order policies, Bluglass has suggested an interim solution, an independent Mental Health Commission to: "...ensure that basic human rights were protected." This Commission would have the authority to visit otherwise closed institutions and report to the appropriate Ministers.To the credit of the CHS they have already established a working group of professionals and independent persons to determine how they will be able to implement the recommendations made by Bluglass. A report from the working group is due at the end of the month and will be eagerly awaited. Similarly, Minister for Corrective Services, Bob Debus, has shown his willingness to assist in the implementation of the Bluglass Report. Justice Action has written to the Anti-Discrimination Board of NSW, NSW Health Department and the Human Rights and Equal Opportunity Commission to make them aware of the issues raised in Bluglass. Further issues of Framed will report on these outcomes.- END
Peter O'Brien NSW juvenile justice legislation.The recipe works like this: take a racial problem (commonly rural mostly relating to intolerance of Aboriginal youth), stir with loads of community insecurity heightened by media misrepresentations of youth and youth criminality, add fear of crime, reduce public space by processes of privatisation and gentrification, add the usual commercial paraphernalia and let simmer.The Children (Protection and Parental Responsibility) Act 1997 squeezes all of these elements into legislation. It allows police to take young people from public areas without having done anything wrong and have them detained in the hands of relatives or 'approved persons'. It also empowers courts to make orders against parents for a child's crime. In introducing the Bill to the NSW Upper House, the Attorney General, Jeff Shaw said that the Act 'recognised the very legitimate concerns of many communities, particularly in rural areas, about juvenile crime'. It does nothing to address them.The Act re-enacts most of the provisions of the previous Liberal Government's Children (Parental Responsibility) Act 1994. The Act was trialed in Orange and Gosford and was reviewed in January 1997. The Government's Evaluation Report of the trial said the law was unnecessary, counter productive and based on false assumptions. It recommended in the strongest terms that the law had failed and should be repealed. Literally dozens of reports and investigations by welfare and youth groups, lawyers, academics, and others concluded likewise. When Carr announced that the Government was going to extend the operation of the Act rather than act on the advice of the Evaluation Report, countless community, youth, justice and welfare organisations were dumbfounded.Carr's announcement came as a surprise because the legislation is simply irrational. It will not reduce youth crime and it won't improve parental responsibility. Each of the many reports into this law reveal that it will achieve the opposite to what it is supposed to achieve. The law is discriminatory, it violates international civil liberties, it criminalises normal behaviour, and it increases tension between youth and police. The law treats young people as criminals.The secret to the Act's miracle resurrection is that, like an ever increasing number of mainstream political initiatives, it preys on community fears and prejudices. It is populist, tabloid inspired legislation. During the debate in Parliament, proponents of the legislation talked about anecdotal incidents of youth crime such as 'the bashing of poor old Santa Claus in Bourke... by a mob of 30 children' and cited countless sensationalist articles from newspapers such as the Northern Star and the Daily Telegraph. They could not refer to any analysis, report or inquiry which suggested that this law would solve any of the emotive problems they mentioned. But with fleeting reference they dismissed as 'theoretical', 'platitudes' and 'cliches' the voluminous analyses, reports and inquiries which condemned the law.The anti-intellectual fervour of the debate revealed interesting insights into the Government's law and order agenda. And it clearly spelled out the agitators. The primary political motivation came from conservative rural local councils. Not surprisingly, members of the NSW National Party have been most vocal in their support for the law. Late in 1996, the Local Government and Shires Association threatened to make the issue of increased police powers to deal with youth a political issue in marginal rural areas if the law was not passed.But concerns about 'youth lawlessness' in rural areas are largely superficial. Racial issues propel this legislation. The second reading speech by National Party MLC Doug Moppett from Cooamble is an example. Guarded as his comments may be, his sweeping statements on Aboriginal communities, drinking problems causing ineffective parenting and talk of problems with youth, present the clear impression that the increased police powers are intended to target black youth and families. Another giveaway is that the local governments which have barracked for the Act are all from areas where Aboriginal populations are high - Bourke, Cobar, Broken Hill, Casino, Richmond River, Moree, Lismore, Ballina, Taree and Kyogle - and where the marginalisation of Aboriginal youth has been endemic for decades.Another important factor which also played a major role in the introduction of the Children (Protection and Parental Responsibility) Act is society's split-level approach to civil liberties - while people have rights, young people don't. This view reflects the general societal transformation of 'civilians' from human right holders to consumer right holders.This transformation also explains the forceful role that local and regional chambers of commerce play in promoting harsher police powers to deal with young people. Chambers of Commerce are significant agitators for the new back-to-the-old brutal approach to dealing with youth. Their motives are spelled out by the following statement from an Aboriginal youth living in the Western regions of NSW:"There's about 30 of us, mostly Koories. When we hang out in the [entertainment complex], they told me we can't hang out there at night any more because people are too scared to walk in there. He said the police are going to come down and stop us hanging around."(White 1995)And the police do move them on. Small business operators in shopping areas are concerned that young people will assault others or cause damage in the area. But statistics tell us that the possibility of this occurring is low: There is far more risk of being bashed by someone you know than you don't; the prospect of being mugged in a mall or plaza is remote and has not increased in recent times. That a person is more likely to be assaulted by someone they know at home is still as true as it ever was. We also know that young people are more likely to be victims of crime than offenders. Youth crime levels are not increasing. But having police move young people from malls and plazas is sound business sense.Young people, particularly those most frequently harassed by police, are not good consumers. Many live in enduring poverty, relying on the benevolence of adults. They are beyond the age of merchandise ploys and toys and those most harshly dealt with are aged between that of innocence and worker/consumer. Their erratic consumption pattern labels their presence in shopping malls as suspicious. To compound this, media generally presents youth as only criminals, bludgers or (less frequently) prodigies which promote 'dangerous drug dealing delinquent youth' anxieties in others unless they're wearing full school uniform adorned with prefect badge.General levels of community prejudice and fear of crime help perpetuate myths of youth crime waves which make customers in malls or plazas scared. And a scared consumer is only a good one if you're in the security business. The increased number of private security guards in shopping malls and plazas is evidence of this anti-youth phenomena at work. Security is expensive business but the State pays the police.The significant sway that local chambers of commerce have with local government is another key factor in NSW juvenile justice policy and the law and order debate generally. In rural areas particularly, it is true that youth services and facilities are not commonly prioritised. The expense and effort is usually prohibitive and unworthwhile, especially given the near absence of collective, political nor economic power of young people in these areas.Prevalent community attitudes of the sentiment 'I did without when I was a kid' or 'you get nothing until you behave' reinforce the commercial reality that pumping money into youth services yields no immediate economic return. It costs chambers of commerce and local governments nothing to get more police, and it costs them nothing to give police more powers. Problem solved - viola! A social problem becomes a criminal one.Knowledge about youth criminality doesn't come from informed research, academic studies or policy documents. Nor does it come from the direct experience of being a victim of crime. To most, such knowledge is constructed from the reports in daily papers, the chat on talk back radio and the content of police action shows. It is these influences and the associated responses which law and order policies shamelessly exploit as governments, such as that in NSW, promise to get tough on youth crime.The Children (Protection and Parental Responsibility) Act 1997 is another tough on crime non-solution. Neatly the Act will fail, and the cry will be 'let's get tougher on crime!'. Communities can again forget their myriad social complexities, inequities and failings and again call to the State for more police intervention. This is now tradition. In the meantime, freedom of assembly and the right to live free of arbitrary detention are liberties which have been denied for youth in the parts of rural NSW where this Act will apply.- END
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