Law Enforcement Act & Youth Koori Court

• Police are responsible for using their powers to prevent, detect, and investigate crimes.

Law Enforcement (Powers and Responsibilities) Act 2002 (NSW)

• Police cannot strip search individuals under 10 years old.
• A responsible adult must be present during strip searches of those between 10 and 18 years old, according to section 103.
• Strip searches are permissible if there is a 'serious and urgent need' as stated in section 31.
• A 2023 SMH report highlighted instances of girls aged 12 and 13 being strip searched.
• Only 30% of recorded strip searches meet the legal standards, raising concerns about police discretion (LECC, 2023).
• Strip searches may infringe upon the right to privacy and freedom from degrading treatment (ICCPR, 1976).

Youth Koori Court (Children (Criminal Proceedings) Act 1987 (NSW))

• Provides culturally appropriate sentencing.
• Results in a significant reduction in recidivism by 40% (BOCSAR, 2022).
• ICESCR, 1976 upholds the right to self-determination, aligning with alternative sentencing methods.
• Under the Children (Criminal Proceedings) Act 1987 (NSW), young offenders are entitled to legal representation in court.
• Legal Aid NSW provides free legal assistance, making it more resource-efficient/cheaper than traditional court.
• Legal aid has limited funding.

International Crime

• R v Tang (2008) was the first conviction for slavery in Australia under s270 of the Criminal Code Act 1995 (Cth).
• Tang received 10 years imprisonment, demonstrating the enforceability of slavery laws.
• The Criminal Code Amendment (Slavery and People Trafficking) Act 2013 (Cth) expanded slavery offences to include forced labour and forced marriage.
• Despite legal reforms, modern slavery remains a significant issue, and few prosecutions have followed, suggesting enforcement challenges.

Alternative Methods of Sentencing/Sentencing and Punishment

• R v Blessington (1988): At 14 years old, Blessington committed rape and murder and was sentenced to life in prison.
• Legal Appeal (2005): Applied to the Supreme Court for a reduced sentence due to rehabilitation, but public outrage led to new legislation.
• Reform: The Crimes Sentencing Procedure (Existing Life Sentences) Amendment Act 2005 (NSW) ensured that offenders sentenced to "never to be released" could not have their sentences reduced.
• Human Rights Complaint (2018): Blessington appealed to the Human Rights Committee, arguing his life sentences breach human rights (The Guardian, 2014).
• The committee ruled that the retrospective law violated the ICCPR as it denied any chance of release despite rehabilitation.

Drug Court

• A specialized court assists drug offenders likely to go to jail.
• Program includes detoxification, rehabilitation, and re-release into society, in collaboration with NSW Health.
• Limited spots, participants chosen via ballot.
• Established under the Drug Court Act 1998 (NSW).
• Intensive Corrections Orders (ICOs) reduce recidivism by 31% compared to a prison sentence (BOCSAR, 2017).
• More cost-effective than jail (BOCSAR, 2020).
• Limited funding results in limited spots.
• Ballot selection may be unfair as it does not consider individual need.