Justice

The Greens (WA) believe that all Australians have a right to a safe, peaceful and ecologically sustainable existence, free from crime and the fear of violence.

The rule of law and access to justice are fundamental to a democratic society. The separation of powers between the executive, the parliament and the judiciary is crucial to the maintenance of freedom and justice. Judicial independence is necessary to ensure the separation of powers. Equality before the law can only be achieved when there is recognition of the way in which cultural, social and economic issues structure choices and influence decisions.

Access to justice requires policies and resources that seek to overcome social, economic and cultural inequalities to ensure equality before the law. Australian law must acknowledge the particular cultural and social needs of Aboriginal and Torres Strait Islander peoples.

Goals

The Greens (WA) want:

• courts and tribunals that are independent of the government of the day
• adequate funding of legal aid in both criminal and civil jurisdictions to ensure access to justice for all Western Australians
• a criminal justice system with a focus on rehabilitation and reducing offending behaviour that is based on principles of restorative justice¹ and the rights of offenders and victims
• imprisonment to genuinely be the penalty of last resort
• fundamental human rights, such as the right to silence, procedural fairness, innocence until proven guilty, and open courts, to be protected by legislation
• an end to the over-representation of Aboriginal and Torres Strait Islander peoples in the justice system
• an end to inappropriate, politically motivated, law and order campaigns that use the threat of terrorism to undermine or discard basic principles of law

Initiatives

The Greens (WA) will initiate and support legislation and actions that;

• implement the remaining recommendations of the Royal Commission into Aboriginal Deaths in Custody
• introduce legislative protection of human rights at state level and continue to oppose the death penalty
• uphold judicial discretion in sentencing, and repeal mandatory sentencing² legislation
• establish a WA Sentencing Advisory Council and a Judicial Commission
• implement alternatives to imprisonment, where appropriate, including restorative justice and diversionary programs.
• develop and implement more effective programs to educate and rehabilitate prisoners, especially addressing anger management, psychological and physical health and rehabilitation
• assist with the transition from prison into the community
• abolish imprisonment as penalty for property crimes, driving without a licence and fine default
• advocate for improved conditions and programs for prisoners, in accordance with recommendations made by the Office of the Inspector of Custodial Services
• oppose the privatisation of prisons and prisoner transport
• increase legal aid funding and funding to community legal centres to ensure adequate advice and representation
• ensure government funding contracts with non-government service providers respect the independence and advocacy roles of the community sector
• support voluntary early intervention programs to prevent and address offending behaviour especially in children and young people
• encourage best practice police training and education to help officers respond effectively to domestic and family violence and situations involving youth, cultural and ethnic issues
• establish best practice processes for complaints about police, corrective services and the judiciary
• prohibit the use of electroshock weapons and Tasers

Glossary
1. Restorative justice is a process that reduces re-offending and imprisonment rates. It helps to heal victims of crime and enables offenders to accept responsibility and provide restitution and reparation.
2. Mandatory sentencing - a requirement that magistrates and judges impose certain sentences, in some cases imprisonment, for certain offences regardless of any mitigating circumstances.