A case for bail overcharged in the High Court is set to be heard this week.
Greens MP Nick McKim has called for the case to be dropped from the High Courts’ bail guidelines.
Mr McKim said the case would not be allowed to proceed because it would only be about one per cent of the total number of people in custody in Australia.
“The Australian Capital Territory is a very small state, and we should be doing all we can to make sure we are providing an environment that is as fair and transparent as possible for people,” he said.
“But the whole thing of this case is really about the fact that we’ve got hundreds of people who have been arrested over the last few years who have gone through a process in which the Commonwealth’s case is not the basis of bail.”
I think the Australian Capital Valley has had a very difficult time in terms of having its case considered by the High Commission.
“He said there was also a case for a lower bail figure in some other jurisdictions, and the High Commissioner for Human Rights had previously said that was a concern.”
There is a concern that people can be given bail in certain circumstances,” Mr McKim told 7.30.
He said the High Commissioners decision was based on the recommendations of the Federal Circuit Court and the Federal Court of Appeal.”
When we had the Federal Parliament and the Governor-General making the decision, we made sure that the Australian Criminal Code and the Commonwealth Criminal Code were fairly balanced in the way that they applied,” he added.”
So there is a case that we should have had in the court.
“It was a decision that was made by the Commonwealth Court.
I think it was right to go ahead with it, but we did need to make it as fair as possible.”‘
Not an appropriate way’Mr McKimm said he had been contacted by more than 50 people who had been charged over the issue.
“They were saying they were concerned by the bail figures,” he told 7:30.
“One of them said they would like to see the case dropped.”
Mr McKimp said the numbers were increasing every week and they were now talking about a third of the people being in custody.
“We’ve seen people in jail who have a criminal record of several years,” he explained.
“And there are other issues that we don’t even talk about, because we are not an appropriate place to deal with these cases.”‘
There are other cases’Mr McLaughlin said the Greens supported his call for the issue to be dismissed.
“My party has supported it,” he noted.
“Of course we support the Greens Party and they do support people being free from the threat of being sent to prison for offences.”
What they’re asking for is the right to be released on bail.
That is what they’re really saying.
“That is a really important issue and we want to ensure that that is not an issue.”
Mr McLaughin said that would be a fair outcome for those who had not been charged.
“You know, if we’re talking about someone in jail, they have a very high risk of going to prison,” he continued.
“If they’ve been arrested, then they’re facing a very serious threat to their life.”
People in jail are going to be a huge concern for those people.
“He noted that in his view, the High Council of Australian Law Enforcement Officers recommended a lower figure for bail.
Mr McLughin said the Government’s current bail figures were “not appropriate” and had been a “slap in the face” for the people who were charged.
He told 7.:30 the figures were misleading and did not reflect the seriousness of the offences.
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