The Institute of Public Affairs’ Director of Law and Policy John Storey has slammed a new manual commissioned by the NSW judicial watchdog guiding judges on how to deal with cultural sensitivities such as the “intergenerational effects of settler-colonialism” on Indigenous defendants.
A new guidebook advising judges on how to be “trauma-informed” when approaching defendants of different backgrounds has come under fire for seemingly encouraging a"two-tiered system".
It also encourages judges to consider parts of Islam which offer “clear moral and ethical guidelines” in cases involving Muslim defendants, and further provides recommendations for the emotional and physical well-being of judges. “The first thing you learn at law school is that the law should be blind, but what these practice guidelines require judges to look at is the racial ancestry of a defendant and whether their ancestors experienced dispossession and trauma,” he said.
He said despite Australians “overwhelmingly” rejecting the proposal, it appeared to be getting through"the back door via this judicial activism”. “We already see every weekend our society becoming more and more fractured with these endless protests and now we're going to have laws that apply differently based on religion and ethnicity.”
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