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Australian International Law Blog

A blog about all things relevant to the Australian Legal industry, international law and human rights. Have a suggestion or a post? Add it to our submissions

Posts tagged procedural rights

Jul 10 '12

WARNING: this is a rant

I apologise to anyone reading this. This will be a bit of a rant as I need to express my frustration right now:

I am currently writing a paper in response to the s43ZA Criminal Code (NT) custodial supervision order where those accused of offences who are found to be unfit for trial on the basis of mental capacity can be placed in prison for an indefinite period. 

While the current “safeguards” are that the judge must consider the order to be last resort, it does not deter from the fact that those most in need are being placed in correctional facilities without trials. That’s it, their procedural and general human rights are being violated under the guise that it’s too expensive and onerous on the State to provide secure mental health facilities for those in need of the proper care. 

For further reading (and frustration at the judicial hypocracy) feel free to read R v Doolan