2014 MOTIONS WITH NOTICE

FUNDAMENTAL LEGAL PRINCIPLES

Lesley Lynch spoke to the resolution and discussion followed.

Resolution 6.4
Noting that fundamental principles have been infringed, or are in jeopardy, through recent and proposed New South Wales legislation concerning: “show cause” offences in bail legislation and mandatory minimum sentences and at the Commonwealth level in legislation enabling detention without trial:

- NSWCCL calls upon Australian governments to adhere to the fundamental principles of the
separation of powers and independence of the judiciary in the making, administration and
enforcement of laws.

- NSWCCL also calls upon lawmakers in the criminal justice process to honour:

a) the right to liberty
b) adhere to the principles of the presumption of innocence, the onus being
on the prosecution to prove any matter carrying adverse consequences for
any person and
c) proportionality in sentencing.

Moved: Hans Heilpern/ Lesley Lynch: That the resolution 6.4 be adopted. Carried.