Criminal justice & police powers

This group focuses on the laws, policies and practices relating to the criminal justice system, police powers, and the legal rights of persons with mental illness. In broad terms the group advocates for the protection of the fundamental rights and liberties of citizens (including the presumption of innocence and the right to a fair trial) in the justice system. These liberties and rights are currently under pressure from governments.


Submission: Provision of alcohol to minors legislation

NSWCCL has made a Submission to the Provision of alcohol to minors legislation.

The submission argues that the proposed amendments extend unnecessarily beyond merely ensuring adequate supervision of liquor supply, and may unreasonably criminalise benign activities such as religious rituals involving supply of liquor to minors.

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Submission: Review of Part Eight of the Crimes (Appeal and Review) Act 2001

NSWCCL has made a submission to the review of Part Eight of the Crimes (Appeal and Review) Act 2001

The legislation as presently embodied in Part 8 Crimes (Repeal and Review) Act 2001 (the Act) is contrary to the common law as it has developed over generations of cases here, in England and other common law countries. It is also in contravention of Article 14(7) of the International Covenant on Civil and Political Rights.

Australia has signed the International Covenant on Civil and Political Rights (‘the ICCPR’) and has made no reservations concerning double jeopardy or retrospectivity. Australia is therefore obliged ‘to respect and to ensure to all individuals within its territory...the rights recognised’ in the ICCPR, including the prohibitions against double jeopardy and retrospectivity.

NSWCCL proposes that the legislation be repealed.

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Submission: Inquiry into law reform issues regarding synthetic drugs

The submission discusses the proven inefficacy of drug prohibition. It also highlights the inability for persons without a chemistry background to reasonably interpret the legality of over 200 banned substances as outlined in Schedule 1 of the Drug Misuse and Trafficking Act 1985 (NSW), making it extremely complicated for most people to understand what they are allowed to buy, possess or sell.

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Submission: Inquiry into the Deterring People Smuggling Bill 2011

NSWCCL has made a submission in relation to the Inquiry into the Deterring People Smuggling Bill 2011.

We object to the attempt made in the bill to retroactively criminalise the behaviour of so- called people smugglers. People are entitled to certainty about what the law requires of them; but retrospective laws are arbitrary, and deny them that certainty. Imposing criminal sanctions on people for doing what was legal when they did it is necessarily unjust.

There also appears to be a discrepancy between the perception of assisting refugees to arrive by boat (of which safety is a concern), compared to by air (often considered ok).

Refugees are often fleeing persecution or undesirable circumstances and are subsequently highly motivated to 'move on'. Those who assist them should not be demonised on that account.

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