GENERAL COMMENTS

While strongly supporting the principle of the independence of the judiciary, GLOBAL ACTION (AUSTRALIA) is concerned about inconsistencies in sentencing.

GLOBAL ACTION (AUSTRALIA) will pursue predictable sentencing outcomes that are more commensurate with community expectations. 

GLOBAL ACTION (AUSTRALIA) supports the proposition that where possible those who commit major crimes should pay compensation directly to their victims either from the seizure of their assets or by working while serving their sentence and having part of their income garnisheed.

GLOBAL ACTION (AUSTRALIA) supports:

    a.    Respect for ALL, rich and poor, before the law.

    b.    Equal access to the law for all - regardless of financial circumstances.

    c.    At all levels of the Australian justice system, Global Action will seek the removal of the means for delaying tactics and deliberate cost escalation
           in conflict resolution
.

    e.    Keeping lawyers, barristers and members of the judiciary clear that they are servants of the people of this
           nation.

JUST IN TIME LAWMAKING

GLOBAL ACTION (AUSTRALIA) recognises the urgent need for a flexible rapid response to lawmaking to meet the needs of a changing society and of the advent of new technologies.

The present Justice System is outdated and inadequate in numerous areas including science, technology, information technology, copyright and cybercrime.  In many respects, our present legal system is still back in the days of the horse and cart!

The Australian court system is not like that in the United States of America.  We have no Judge Judy!   Our system is quite different. 

The vast majority of Australians have never seen the inside of a law court and so GLOBAL ACTION (AUSTRALIA) proposes that all defendants and plaintiffs should receive a free pamphlet outlining what is expected of them and what generally happens in terms of procedure if they are required to appear in court.

TECHNICALITY AND PRECEDENT

Just outcomes in our courts of law are sometimes foiled by legal technicalities or the burdensome weight of precedent.

GLOBAL ACTION (AUSTRALIA) supports a lessening of the weight applied to technicality and blind precedent in our judicial system. This of course will require more of that most rare of virtues (wisdom) from our Magistrates.

JUSTICE MUST BE DONE

What is justice?   While our laws always strive to establish right from wrong under a complex criminal or civil code, good and common sense often go begging?    Both victims and offenders complain about the lack of morality or even common sense in our legal system. 

"Our laws are man made and therefore fallible.  The best such a judicial system can do for victims and offenders is strive to be just.   It is not the place of Magistrates to play either Santa Clause or God and if they try they are fools!" Lyn Vickery.

GLOBAL ACTION (AUSTRALIA) supports:

    a.   Mandatory sentencing, imprisonment and severe punishment for offenders involved in violent crimes,
          organised crime and trafficking in drugs.

    b.   Stronger sentences and rehabilitation regimes for repeat offenders and those who pose a serious and
          ongoing risk to society.

    c.    Reduced access to the appeals process on frivolous or weak grounds.

    d.    National approach to immediately reduce the trend towards endless, ever more extravagant and often frivolous
           litigation.  Especially in the area of insurance and injury compensation claims.

    e.    The adversarial combative nature of the system leads to delays, high costs and enormous unnecessary stress
           on all parties and GLOBAL ACTION (AUSTRALIA) supports all moves to remedy this situation and unclog the
           court system.

SUPPRESSION OF EVIDENCE

Evidence of prior convictions is routinely suppressed in our judicial system. While this may appear to give the accused the opportunity for a fair trial, in the eyes of the victims it does nothing for justice.

GLOBAL ACTION (AUSTRALIA) will legislate to require Magistrates to advise the jury of the existence and number of prior convictions if they are relevant to the case or if the offender is habitual. The Magistrate may not however be required to provide background detail about those convictions.

PAUPERS AND THE FINANCIALLY DISADVANTAGED

In matters of often minor financial default GLOBAL ACTION (AUSTRALIA) is concerned about the plight of the genuine poor.

The relentless pursuit of those who clearly do not have the means to pay and who have committed no criminal offence by Banks and debt collection agencies often leads to dire personal consequences such as divorce, drunkenness and even suicide.

GLOBAL ACTION (AUSTRALIA) will seek new and stronger protection for genuine paupers.

COMMUNITY ATTITUDE TOWARD LAWYERS

Great damage continues to be done to the legal profession by lawyers who for personal or political gain brazenly push points of view and issues that are out of step with the best interests of the community. There is little that the community detests more than a smart arse lawyer. who is clearly on the "gravy train".

By creating the impression that legal action (for instance for damages) is a quick path to riches television advertising has created false hopes in the minds of many vulnerable people.  Such practices have also contributed to the spiralling cost of insurance in Australian and around the world.

GLOBAL ACTION (AUSTRALIA) will legislate to prohibit television, radio and billboard advertising by the legal profession.

Also see   DEMOCRATIC REFORMS      COMPUTER CRIME    CONSUMER PROTECTION     CRIME

 LAW AND ORDER

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