Longer jail time not the answer

by Enrico Ventura

April 2, 2008

AS the WA government prepares to implement increased jail terms in response to public outcry over perceived leniency, civil libertarians say more jail time does nothing to deter offenders.

On April 2, WA Attorney General Jim McGinty dubbed as ‘lenient’ on 6PR News the recent sentencing of two cop bashers, a hoon, and a knife-wielding clubber. On the same day, The West Australian filled its front page with outrage over the three cases.

However, on the same day, the head of WA’s Council of Civil Liberties, Peter Weygers, said: “Jail is not the answer, rehabilitation is.”

M  Weygers said tougher jail sentences had no value if active rehabilitation was not implemented. He believed a solution that would benefit both the public and the offender should be reached.  

“Nine out of 10 cases that would occur in the next year or so would be a repeat offender,” Mr Weygers added. “Jail should only be considered when all the help has been provided to these people and they have been assessed to be beyond rehabilitation.”

Melbourne-based barrister Victor Perton, of Civil Liberties Australia, said the fault lay in the media rather than legislation and law.

“When the media only highlights the light sentences, the perception of the public would definitely be just that,” he said.   

Mr Perton did not however rule out that heavier sentencing could be effective, by acknowledging sentencing-led declines in hooning and drink driving throughout Australia.

“This only happened however, due to proper publicity and use of media,” he said. “There are too many external forces that are in play once it comes to grievous bodily harm.”

Neil Poh, media advisor to WA police commissioner  Karl O’Callaghan, commented said the cops would be monitoring the new judiciary laws before making any statements or proposing any changes. “Really, what the commissioner wants to see is judges and magistrates handing out tougher sentences over the next six to 12 months,” Mr Poh explained.