Liberty Victoria supports the Supreme Court’s objective of minimising delay in the criminal justice system, particularly in the period between charge and the listing of trial.

However, Liberty’s view is that the Supreme Court’s current proposal will not be effective in reducing delays and may jeopardise the accused’s right to a fair trial.

We support the Commonwealth Government’s commitment to ratify the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT).

The Victorian Charter of Human Rights and Responsibilities Act 2006 (Vic) (the Charter) imposes human rights obligations on every public authority in Victoria.  Relevantly for present purposes, s 10 of the Charter provides that:

A person must not be—

(a) subjected to torture; or

(b) treated or punished in a cruel, inhuman or degrading way; or

Liberty Victoria made a comprehensive submission in June 2017 on why the Sentencing Amendment (Sentencing Standards) Bill 2017 (Vic) is unnecessary and threatens to undermine the separation of powers. Unfortunately it appears that it will obtain bipartisan support.