QUEENSLAND BIKERS REBEL

Queensland bikie laws breach international fair trial standards

From Amnesty International:  5 November 2013

Queensland's new bike laws do away with the notion of innocent until proven guilty which could lead to arbitrary detentions and an undermining of the independence of the judiciary.

Amnesty is concerned prosecutions under the new Queensland bikie laws
fail to meet international fair trial standards.

Mandatory sentences

The laws give mandatory sentences of up to 25 years in addition to a standard sentence where a person is accused of being a member and/or officer of a criminal association.

“The laws passed are aimed at cracking down on ‘outlaw bikie gangs’ but potentially affect a wider group of people, including those that aren’t affiliated with bikie groups, something the Queensland government has failed to acknowledge,” said Michael Hayworth, Amnesty International Australia spokesperson.

“We share concerns already voiced by the Queensland Law Society, Australian Lawyers for Human Rights and Queensland Council for Civil Liberties."

Broad laws cover all associations not just bikies

“One of the major issues we have is the language of the Act is so broad that in Amnesty International’s experience, they are open to abuse,” said Hayworth.

The laws focus on associations of people which include corporations, unincorporated associations, clubs or leagues or any other group of three or more people whether the group is legal or illegal.

Covering more than just ‘bikie gangs’ the laws define people as ‘participants’ in associations where they are a member, sought to be a member, attended more than one meeting or participated in any other way in the affairs of the association.

There is no mention of bikes or criminal activity in the definition of association.

A participant is deemed to be a ‘vicious lawless associate’ when they commit a declared offence while they are participating in the association.

The laws reverse the burden of proof, forcing those accused of being ‘vicious lawless associates’ or ‘office bearers’ of the association to prove that they are not participants in criminal associations. This severely undermines the right to be presumed innocent until proven guilty that all Queenslanders enjoy.

Michael Hayworth, Amnesty International Australia spokesperson

The difference here is that the individual must prove that the association doesn’t exist for the purposes of engaging in declared criminal offences.

A ‘vicious lawless associate’ is then sentenced to 15 years jail on top of the sentence they receive for the declared offence.

If the person is an officer of the association and cannot prove otherwise they are liable to a further ten years.

Guilty until proven innocent?

“The laws reverse the burden of proof, forcing those accused of being ‘vicious lawless associates’ or ‘office bearers’ of the association to prove that they are not participants in criminal associations,” Hayworth said.

“This severely undermines the right to be presumed innocent until proven guilty that all Queenslanders enjoy.”

The combination of the broad definitions and the requirement for the accused to prove their innocence makes any sentence under these new laws fundamentally unfair .

Arbitrary detention

“Along with a right to be presumed innocent until proven guilty, everyone has the right to liberty. But these laws turn this concept upside down.”

This means the state can only put someone in prison (and therefore remove their liberty) when they have proved beyond a reasonable doubt that that person is guilty of a recognized criminal offence.

The changes to the bail laws mean that courts have little option but to refuse bail to those accused of participating in criminal organisations, unless the person demonstrates reasons that they should not be in jail.

“There are two problems here: (1) the burden of proof is reversed, meaning the accused person has to prove they should not be in custody rather than the state proving they should be in jail; and (2) people have the right not to be in prison, even before a trial, unless it is proven to be necessary,” Hayworth warned.

Pre-trial detention under these circumstances could potentially be arbitrary and inconsistent with the most basic standards of human rights law.

Interference with the judiciary

“The unfairness of trials, arbitrary detention and attacks on the presumption of innocence are not the fault of the courts. They are a direct result of the government’s attempts to crack down on criminal associations.

“These laws and the government’s statements on cases before the courts represent a significant overreach of parliamentary and executive power.

“Amnesty International is calling for the legislation to either be reversed or completely overhauled to address these serious breaches of human rights,” Hayworth added.

http://www.amnesty.org.au/news/comments/33255/

From the Queensland Government website:
New laws target criminal gangs
New laws have been introduced targeting the illegal activities of criminal gangs, including criminal bikie gangs, in Queensland. The reforms introduce new offences, increased penalties, enhanced powers for Police and the Crime and Misconduct Commission and stricter bail laws.

About the reforms

The package of reforms includes the Vicious Lawless Association Disestablishment Act 2013 (PDF) ( https://www.legislation.qld.gov.au/LEGISLTN/ACTS/2013/13AC047.pdf ), the Tattoo Parlours Act 2013 (PDF) ( https://www.legislation.qld.gov.au/LEGISLTN/ACTS/2013/13AC046.pdf ) and the Criminal Law (Criminal Organisations Disruption) Amendment Act 2013 (PDF) ( https://www.legislation.qld.gov.au/LEGISLTN/ACTS/2013/13AC045.pdf ).

The new Vicious Lawless Association Disestablishment Act 2013 (the Act) provides strong mandatory sentences for members and associates of criminal gangs who commit serious offences as part of their participation in a gang, such as a criminal bikie gang. A new mandatory sentencing regime will be complemented by the ability of the court to reduce sentences where an offender cooperates with law enforcement.

Through significant mandatory terms of imprisonment and the motivation of sentence reduction for cooperative offenders, the Act will target individuals who offend with the support and encouragement of a criminal gang. This, in turn, will aim to seriously disrupt the gang as an organisation.

Limiting the activities of criminal gangs

The Tattoo Parlours Act 2013 will ban members of criminal organisations and their associates from owning, operating or working in body art tattoo parlours. The Act introduces a new occupational licensing and regulatory framework. This will ensure that people authorised to operate in the Queensland tattoo industry have been subject to rigorous identification and probity requirements.

Amendments have also been made to liquor legislation to prevent members of certain prescribed criminal gangs from entering or remaining at licensed premises while wearing items aligned with a criminal organisation (such as bikie gang patches or club colours).

Changes to the criminal law

The Criminal Law (Criminal Organisations Disruption) Amendment Act 2013 contains a range of criminal gang-targeted amendments, including the creation of new offences, increased penalties for existing offences and increased police powers. New offences include:

• three or more members of a criminal gang (including those listed by regulation), being together in a public place
• a member of a criminal gang being at a banned location, such as a criminal bikie gang clubhouse, or banned event
• a member of a criminal gang recruiting, or attempting to recruit, another person to the gang.

Increased penalties include:

• a mandatory minimum penalty of one year’s imprisonment for a member of a criminal gang who commits a serious assault on a police officer acting in execution of the officer’s duty
• increasing the mandatory minimum penalty for evading police to $5,500 or 50 days of actual imprisonment; or for an offender who is a member of a criminal gang, $11000 or 100 days of actual imprisonment
• increasing the maximum penalty for the offence of affray to seven years imprisonment with a mandatory minimum six months of actual imprisonment where the offender is a member of a criminal gang
• automatic minimum three month driver licence disqualification following conviction of one of the new offences or the new aggravated affray offence
• automatic motor vehicle confiscation and crushing following conviction for one of the new offences, the new aggravated affray offence, or the new aggravated evade police offence where the offence was committed in relation to the motor vehicle. This will include where the vehicle is used to drive to or from the place where the offence is committed.

The changes include amendments to enhance police powers:

• Impoundment laws have been expanded to target the motor vehicles of criminal gangs.
• Existing powers to require name and address and to search without warrant will be extended where the person concerned is known or suspected to be a member of a criminal gang.

Changes to bail laws impose additional conditions on members of criminal gangs:

• Where the defendant is a member of a criminal gang, the defendant will be in a show cause situation – for any offence.
• Where the defendant is a member of a criminal gang, and bail is granted, the bail undertaking must include a condition that the defendant surrenders their passport; and they will be detained until compliance with the condition.

Additional powers for the CMC to allow hearings to be conducted to gather intelligence about criminal organisations; and to investigate or hold hearings to respond to an immediate threat to public safety from criminal organisations. A participant in a criminal organisation will not be able to rely upon a threat to his personal safety or property to refuse to answer a question or produce a document at a hearing that involves a criminal organisation. The punishment for contempt at a CMC hearing, which will apply to all witnesses, will be mandatory imprisonment (and for a second or third offence a mandatory minimum of 2 ½ years and 5 years respectively) if a witness refuses to take an oath, answer a question or produce a stated thing or document at the CMC hearing.

Report a crime

Anyone with information regarding the activities of criminal gangs can report it anonymously to Crime Stoppers ( http://www.qld.crimestoppers.com.au/home.jsp ) on 1800 333 000 (24 hours, 7 days).

Cash rewards ( http://qld.crimestoppers.com.au/crime/campaigns/criminal_motorcycle_gangs.jsp ) of up to $50,000 are available if you provide anonymous information to Crime Stoppers that helps police to arrest a member of a criminal gang.

More information on reporting a crime ( http://www.qld.gov.au/law/crime-and-police/report-to-police/report-a-crime ).

Contact

Report information anonymously through the community organisation Crime Stoppers ( http://www.qld.crimestoppers.com.au/home.jsp ) on 1800 333 000 or online ( https://qld.crimestoppers.com.au/crime/report_cmg_information.jsp ).

• Vicious Lawless Association Disestablishment Act 2013 (PDF) ( https://www.legislation.qld.gov.au/LEGISLTN/ACTS/2013/13AC047.pdf )
• Tattoo Parlours Act 2013 (PDF) ( https://www.legislation.qld.gov.au/LEGISLTN/ACTS/2013/13AC046.pdf )
• Criminal Law (Criminal Organisations Disruption) Amendment Act 2013 (PDF) ( https://www.legislation.qld.gov.au/LEGISLTN/ACTS/2013/13AC045.pdf ).

Updated 6 November 2013

Peter’s Piece

Amnesty International is a long-standing, highly respected world-wide organization. Their opinion should be listened to and acted upon.

The State of Queensland, on the other hand, has a long history as a police state and a place where jobs for the boys, rolls of cash for the back pocket and oppression of minorities are a way of life.

So here is my suggestion for amending this draconian law:

(a)  Delete ‘bike’ and insert ‘government limo.’

(b)  Delete ‘criminal organization’ and insert ‘political party.’

(c)  Delete ‘known criminal’ and insert ‘member of parliament.’

(d)  Delete ‘gang clubhouse’ and insert ‘parliament house.’

(e)  Delete ‘prison term’ and insert ‘term of natural life in Antarctica.’

Problem solved. 

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FREDDIE FUDDPUCKER

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