When justice becomes assault

By Sibylle Kaczorek

DARWIN — In August last year, the Northern Territory government changed the law relating to unpaid fines. Until then defaulters were sentenced to do community service work. The government abolished that option and replaced it with immediate imprisonment.

Most infringement notices are issued for minor, traffic-related offences. The length of the prison sentence is calculated according to the amount of the unpaid fine — one day for every $50 outstanding.

The change had gone largely unnoticed until last week, when the case of a 15-year-old woman hit the news. The young woman was originally issued with an infringement notice for not wearing a bicycle helmet. When she failed to pay the fine, a warrant was issued. She was picked up by police and detained.

She was placed in a cell full of males. After some time, and considerable distress, she was finally moved to a separate cell. Television news reported that she was also strip searched.

The case illustrates the some of the unjust consequences of the NT government's moves to increase police powers and restrict people's rights. The high percentage of Aboriginal and Islander people in the NT, and the racism they too often confront from the police, means that indigenous people will be disproportionately affected by the new sentencing law.

The UN Convention on the Rights of the Child states that the imprisonment of juveniles should to be avoided in every instance. The Royal Commission into Aboriginal Deaths in Custody recommended detention only be used as a last resort. The Top End Justice Action Group — a network of youth workers — is considering ways to campaign against the legislation.

From GLW issue 299