For a government to legislate that they may override the courts and legal representatives which sentenced them is an exercise in dangerous overreach.
No one would disagree with the headline on a media release issued by Attorney-General Jaclyn Symes and Corrections Minister Enver Erdogan on Tuesday that read: “Keeping Victoria safe from the worst criminals”.some of the state’s other worst criminal offendersPast the headline, though, the proposals contained in the announcement represent a seriously problematic undermining of the rule of law in Victoria.
The former English judge Tom Bingham, who wrote extensively on the rule of law, argued that for the rule of law to truly work, and for the public to have complete faith and trust in the system, a complete functional separation of the judiciary from the executive is required. These are extraordinary initiatives. In our justice system, it is the courts alone , which must be able to set sentences.
What’s more, the Victorian Adult Parole Board itself acknowledges the importance of setting parole periods. It says, “parole is important for hope, self-esteem and the incentive to reform… the fundamental purpose of doing so is not to confer a benefit on the offender: rather it is about recognising that the community benefits from the rehabilitation of offenders.”
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