Police Minister Michael Ferguson has moved to outline the government’s law and order focus for 2019, flagging a fresh fight over mandatory sentences for child sex offenders ahead of three upcoming Legislative Council elections.
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A government bill was voted down in the independent and Labor-dominated upper house in June of last year after passing the House of Assembly.
With elections coming in Montgomery, Nelson and Pembroke, Mr Ferguson called on Labor candidates to state their position on mandatory minimum sentences of at least four years for child sex offenders.
“We’ve been prevented once and we don’t want to be prevented twice from having stronger legislation to protect children and to send a very, very clear message that it is not going to be tolerated in any respect.,” Mr Ferguson said, adding that the government “reserved the right” to debate the bill again.
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“We will pursue the Labor party into the new year. They will have to say where they stand on this critical issue.”
Deputy Labor leader Michelle O’Byrne said the government had failed to listen to evidence that “showed mandatory sentencing does nothing to increase the safety of a child”.
“He’s more interested in political game-playing than genuinely looking at solutions to what is a terrible, terrible problem.”
Ms O’Byrne added that Labor thought sentencing options could be increased or broadened, but the issue was “more complex” than mandatory minimums.
Last year, the Sentencing Advisory Council expressed doubts around the principle, claiming it may actually discourage children from reporting abuse if it meant sending a family member to jail.
Concerns were also raised that the inevitable rise in not-guilty pleas in such cases would force more children to be subjected to the legal process, potentially exacerbating their trauma.
The Legislative Council last year also rejected mandatory sentences for serious assaults on paramedics, midwives, nurses, prison officers and off-duty police officers.
Governer Kate Warner told a Brisbane audience in April that public opinion on mandatory sentencing was mixed and that jurors were widely content with the amount of discretion a judge could exercise on individual cases.
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