Justice

A fair and effective justice system protects the community by addressing the structural causes of crime to reduce crime rates, while also respecting the rights of survivors and victims, alleged and convicted offenders, witnesses, and others impacted by crime. The ongoing impacts of racism and colonisation, coupled with the failure to commit to evidence-based policy has overwhelmingly impacted Aboriginal and Torres Strait Islander communities who are over-represented at every point of the justice system. 

 

Principles

The NT Greens believe:

 

  1. Everyone has the right to live in a safe and peaceful community. 
  2. First Nations people are disproportionately affected by the criminal and civil justice system as a direct result of the effects of colonisation, as well as structural and systemic racism. 
  3. The prison system has failed to reduce rates of crime in our communities. We need more evidence-based, community-led approaches to crime, in order to reduce crime and increase the safety of everyone.  
  4. We need to urgently reduce prisoner numbers, particularly First Nations people, people with disabilities, and people with mental health conditions and substance use conditions, all of whom are grossly over-represented in prison.
  5. The fundamental principles of criminal law should be upheld, including the presumption of innocence, access to legal representation, open court, equality before the law and the right to silence.
  6. Colonisation, social disadvantage and inequality are drivers of crime. Policies which reduce disadvantage and inequality and address the effects of colonisation will reduce crime rates. 
  7. To ensure equality before the law, the justice system must be responsive to those experiencing disadvantage and prejudice and must not perpetuate disadvantage.
  8. Eliminating discrimination and harm at the hands of state institutions, such as the police and prison system, requires independent oversight and full accountability.
  9. Increasing access to lawyers is essential to create a fair civil justice system.

 

Aims

The NT Greens want:

 

  1. A system of justice which respects the human rights of survivors and victims, alleged and convicted offenders, witnesses and others impacted by crime and civil wrongdoing.
  2. To implement multidisciplinary and evidence-based approaches to crime by addressing the underlying causes of crime and recidivism.
  3. To urgently reduce the number of people incarcerated in the NT, particularly people on remand for non-violent offending.
  4. To urgently implement the outstanding recommendations of the Royal Commission into Aboriginal Deaths in Custody.
  5. To reduce the police and prisons budget by investing in programs and services proven to address the underlying causes of crime. 
  6. To adequately fund legal services, legal aid, First Nations legal services and community legal services. 
  7. To decriminalise the use and possession of prohibited drugs and adequately resource effective drug and alcohol recovery services (see NT Greens’ Drug and Alcohol Policies).
  8. To end racism and racial profiling across the criminal justice system.

 

Victims

  1. To ensure victims of civil and criminal wrongs have appropriate access to Courts, Tribunals and government schemes without undue delay or legislative restriction.
  2. To monitor and implement any necessary reforms to ensure survivors and victims of crime are respected and are not re-traumatised or further victimised by the criminal justice system.
  3. To minimise the misidentification of victim survivors of domestic family and sexual violence as perpetrators.

 

Courts and sentencing

  1. To expand existing alternatives to mainstream court processes, such as First Nations courts, in-court diversion, neighbourhood and community justice courts, restorative justice conferencing, youth justice group conferencing, drug courts and mental health courts.
  2. To ensure an accused person’s circumstances are central in determining their sentence.
  3. To empower courts and tribunals to make orders that appropriately remedy wrongs against people, culture, the environment and democracy.
  4. To make courts and tribunals easier to access for people trying to enforce civil wrongs (for example, reducing filing fees, increasing access to free legal assistance).
  5. To empower judges to consider customary law in determining sentences.
  6. To empower judges to vary practice and procedure in cases involving First Nations people, to ensure court processes are culturally appropriate. 
  7. To repeal mandatory sentencing. 
  8. To ensure recommendations made by coronial courts are fully implemented, with regular oversight and community consultation of implementation.
  9. To ensure the design and layout of courts and court buildings is welcoming, accessible and culturally appropriate for First Nations peoples.

 

Bail

  1. To ensure an accused person’s circumstances are central in determining their bail.
  2. To expand bail support programs, especially in remote communities.
  3. To ensure bail support programs are trauma-informed, culturally competent and otherwise fit for purpose, reducing rates of absconding from bail support programs.
  4. To provide NT-wide supported bail accommodation, including bail hostels, to reduce the rates of people remanded due to homelessness.

 

Rehabilitation

  1. To develop diversion, rehabilitation and reintegration strategies that are culturally responsive, community led and proven to break the cycle of incarceration.
  2. To increase funding of therapeutic, supportive and community led programs in prison, with a focus on rehabilitative, training and education programs.
  3. To appropriately fund post-release support services to ensure the prison population has  access to housing, employment and other basic needs upon release.

 

Policing 

  1. To establish an independent body to investigate and resolve complaints about police that is transparent, accessible, effective and adequately resourced, with the power to monitor and make recommendations about law reform and police powers. 
  2. To extend the time limits for civil and disciplinary action against police force members. 
  3. To remove exceptions to police force members’ liability for wrongdoing.
  4. To divert police funding to First Nations-led peacemaking and conflict resolution solutions.
  5. To increase Aboriginal employment in the police force.
  6. A community policing model that is anti-racist, culturally competent and trauma-informed.
  7. Use of force to be a tool of last resort. 
  8. To ensure that if force is used, police are required to immediately seek medical assistance.
  9. To ensure people applying to become police officers are screened for racism and unconscious bias. 
  10. To ensure all police force members receive regular anti-racism, unconscious bias, trauma and cultural competency training.
  11. To ban the carrying of firearms by police in remote communities.

 

Prison

  1. To ensure all people in custody are treated in accordance with human rights obligations, especially the right to health services and the right to be free from cruel, inhuman and degrading treatment. 
  2. To provide appropriate support within prisons for people with disabilities, mental health conditions and substance use conditions.
  3. To ban prolonged solitary confinement.
  4. To ensure that solitary confinement is used only in exceptional cases as a last resort, for as short a time as possible and subject to independent review.
  5. To ensure prison services are culturally appropriate for First Nations prisoners.


 

Youth Justice

  1. To raise the age of criminal responsibility to at least 14 years.
  2. To implement all recommendations of the Royal Commission into the Protection and Detention of Children in the Northern Territory.
  3. To prevent interactions with the youth justice system through NT-wide prevention and early intervention programs.
  4. To divert young people from youth justice court by properly resourcing diversion programs that are equally accessed by youth in remote communities.
  5. To keep young people out of detention through the expansion of NT-wide alternatives to detention.
  6. To be led by First Nations people, families and communities to help their children grow up healthy, safe and strong (see, further, First Nations Self Determination Policy and Children and Young People policy).
  7. To limit the transferring of young people between detention centres without the young person’s consent, except in exceptional circumstances.