Newsletter of Friday 1 August, 2008
New ACPC President and Vice President
The ACPC has a new President and Vice President.
The new President is Admiral Chris Barrie AC RAN Rtd. Admiral Barrie was Chief of Australia's Defence Force between 1988 and 2002. He is presently a Visiting Fellow at the Strategic Defence Studies Centre at the Australian National University. He holds a Bachelor of Arts Degree with a special focus on International Relations and a Master of Business Administration by Deakin University.
Our new Vice President is Associate Professor Adam Sutton of the School of Political Science, Sociology and Criminology of the University of Melbourne. His research and teaching interests are criminology and crime policy, crime prevention, drug law enforcement and white-collar crime, and he has published in each of these fields. Dr Sutton, was previously Director of South Australia's Office of Crime Statistics and Director of Crime Prevention.
Master Peter Norman will remain as Chairman and Vice President.
Visit to the ACPC of a delegation from the Ministry of Justice of the People's Republic of China
The Council held a meeting on Wednesday 16 July 2008 with a delegation from the Ministry of Justice of the People's Republic of China. Led by Mr Wang Gongyi, Deputy Director of the Research Office of the MOJ, the delegates included high level staff from the ministry including the Division Director of the Yancheng Prison and the Division Director of the China Prison Society.
The visit was arranged by the Human Rights and Equal Opportunities Commission's International Programs unit to provide the delegates with a detailed knowledge of Australian expertise involving the application of restorative justice and to promote the rights of citizens involved in criminal justice processes. During their visit to Adelaide the delegation met with Leigh Garrett of the Centre for Restorative Justice for discussion on these issues.
At the meeting Peter Norman provided an overview of the work of the Council and of the role of the branches and of theNational conferences. He also reported on the Townsville Forum and of the Councils wish to convene a further Forum, expressing the hope that China might be involved in that Forum.
Andrew Paterson spoke about specific crime prevention projects including youth intervention and Crime Prevention through Environmental Design.
James Armitage spoke about the Federal government's role in indigenous communities in South Australia and of his work in crime prevention as part of that program.
Mr Wang spoke about criminal justice in China including the importance of crime prevention.
He said that there was a Crime Prevention Institute attached to the Ministry of Justice. He emphasised the importance of the stability of the family unit and of the need for the provision of assistance with parenting and educational skills. Strategies were in place in pre schools, kindergartens and schools. Members of the police and the judiciary had part time roles within the school system.
Mr Wang also referred to community crime prevention. He said that Neighbourhood committees were established in China to settle local disputes. There were usually three members including the head of the village (or area) a Security person and a mediation person. There were units of 10 households. There were voluntary associations of crime prevention agencies across China. One of the problems in China was the migration of large numbers of the population to the cities. He said, for example, that in Shenzen only one million of the total population of twelve million were local people. Management of such a large influx was difficult.
Mr Wang said that the majority of minor offences in China were resolved by mediation, rather than being dealt with by the courts. The police had the power to send matters for mediation. Elements of Restorative justice principles were utilised in mediations. Parties dissatisfied with the results of mediations could ask that the matter be referred to a court.
Mr Wang indicated that an important component of the criminal justice system was the education of the community as to legal issues. There was presently a 5 year public education plan in force. Materials and brochures were prepared and distributed.
Mr Wang strongly agreed that it was important to share experience concerning crime prevention.
From left to right , Ms Zhang Liping, Mr Ye Changbao, Mr Wang Gongyi, Mr. Zhao Lidong, Ms. Zhong Ruojing, Ms. Wang Jiehua and Mr. Sun Yong
Forthcoming National Executive Meeting
The ACPC will hold a National Executive meeting in Adelaide on Saturday 30 August, followed by a dinner in the evening. At the meeting we will welcome our new President, Admiral Barrie, and plan for our future activities.
Resignation of Adrienne Isnard from the National Executive
Adrienne Isnard, who has represented North Queensland on the National Executive for several years, has given notice of her resignation. The ACPC is very sorry to say goodbye to Adrienne. She has been a tireless worker for the ACPC and for crime prevention generally. The success of the Townsville AIC-ACPC conference and subsequent Asia-Pacific Forum, was due in a large part to the energies and enthusiasm of Adrienne. We are deeply indebted to her for her contribution to the ACPC and wish her well for the future.
Messages from Overseas Friends
The ACPC has received greetings from our friends from the Townsville Forum
Greetings from Samoa
From Afamasaga Toleafoa of Samoa:
Thank you for the update on developments in ACPC. Members may find of interest some recent events and developments in crime prevention in our neck of the woods.
South Pacific Council of Youth and Children's Court.
The SPCYCC met in Apia last week - July 7-8. Members of SPCYCC include Australian states and territories, Papua New Guinea, Fiji, Solomon Islands, Vanuatu, Kiribati, Tonga and Samoa. Newly added members include American Samoa and Cook Islands.
The Council was set up in 2004 with a Charter to among other things “Support the development of youth justice and child protection systems and the maintenance of the rule of law”
The value of the meetings lies in providing an opportunity for delegates to learn from others on new initiatives and current trends on youth offending. And while in Samoa, the council members were able to see first hand the operation of recent Samoan legislation and initiatives on dealing with youth offenders to avoid sending them to prison including the use of local traditional communities for rehabilitation and probation purposes.
As National Advocate for child protection and child rights and for the promotion of the Convention on the Rights of the Child, I was able to have a small part in providing information on these aspects of crime prevention in Samoa.
Domestic Violence
The fight against domestic violence was given a boost this week by the opening of the Ministry of Police Domestic Violence Unit. The new unit is in response to growing intolerance of domestic violence in all its forms. “Violence in the home is a crime” the Commissioner of Police said during the opening. The initiative is part of the New Zealand Pacific Prevention of Domestic Violence Program [PPDVP] where the New Zealand Police is working with Pacific countries' Police to prevent the incidence of domestic violence.
Men Against Violence Organization
Later this month will see the launching of a new nationwide organization of men against violence. The initiative is part of the Convention on Children's Rights promotion and implementation in Samoa. It is an extension of the advocacy work carried out with traditional community leaders on the needs of children including protection from violence and abuse of all forms. The new men against violence is expected to grow into a fully fledged NGO with a mandate to stamp out violence of all forms but more especially violence against women and children.
Reducing violence in the home is expected to have a positive impact in future on relatively high violence related offending in Samoa.
I hope these are of some interest to our members and if need be, I can always elaborate.
Best wishes, Afamasaga Toleafoa
Greetings from New Zealand
From Carol Dickson - New Zealand
Here in Papakura we are looking very strongly at the idea of gaining the WHO Safe City Accreditation. We are in the very early stages of this at present but I am sure it will gain momentum as we continue to meet other representatives from cities around the country who have already or are preparing to, gain this accreditation themselves.
I played an important role in the recent Community Patrols NZ conference held here in Auckland last month. I was one of two who put together the programme and workshop topics. Something which I hadn't done before, but didn't find too onerous as I had attended many conferences and knew what worked and didn't work, and what people wanted and were tired of. The conference was aimed at having around 200 attendees, but as we progressed it quickly became apparent we were going to pass this number and eventually we got to 315 attendees. This also posed problems with breakout rooms not big enough etc. but as any conference organising committee will tell you, what a great problem to have! I have mentioned the idea of sponsoring a guest from the Asia Pacific forum next year, but at this stage it has not been taken onboard. (This wonderful idea came from an email from Ronald Talasasa aka King Solomon) Of course they were all invited if they were able to attend.
I do hope we get to convene again in another forum such as the one in Townsville. I found it a great source of measurement for us here in NZ and to meet likeminded people who are doing the same work in Australia as we are here. I have been able to keep in touch with a few associates I met there and would love to meet them all again.
Hope you are well, Carol Dickson
Greetings from Lao PDR
From Somsack Taybounlack- Lao PDR
My task to do with crime prevention in my county. Nowadays I concentrate to disseminate law in the country side. I try to do in comprehensive with them because normally, the people in the country side do not [have] awareness [of] law so that they don't know that what is wrong and right when they do something and also in the down town is quite has problem about accident on the road, theft and rape... Therefore, in my case have to crime prevent first measure, However, I still train judges... my office has to focus on the criminal cases [which] come to court so we should decide the cases under law and use any measure if necessary. The objective is crime prevention. Morever, I still support the organisations to disseminate law such as school, college or University as well. Because I think that we have to do [is] methods such as prevent and resolve in the same time will be successful.
Somsack Taybounlack
Greetings from Fiji
From Graham Leung- Fiji Islands
Dear Colleagues,
Like the rest of you I have been busy coping with the demands of a busy commercial law practice. However just as importantly, my work and activities related to the rule of law and democracy continue.
In late June, I participated in an important regional meeting on Transitional Justice for the Pacific. An impressive range of speakers including Judge Andrew Wilson and Geoffrey Robertson QC were participants. Many of you will remember Judge Wilson from our Townsville Conference.
The Pacific Roundtable discussions on transitional justice affirmed:
- the fundamental importance and indivisibility of the principles of parliamentary democracy, the rule of law, human rights and the independence of the judiciary;
- that the constitution is the supreme law of the land and should be respected and upheld.
On the 6th & 7th July, I attended a meeting of Commonwealth lawyers and judges at the Scottish Parliament in Edinburgh. The Edinburgh plan of action sought to build on the Commonwealth (Latimer House) principles endorsed by the Commonwealth Heads of Government at Abuja in 2003.
The meeting endorsed the fundamental principle that each Commonwealth country's Parliaments, Executives and Judiciaries are the guarantors in their respective spheres of the rule of law, the promotion and protection of fundamental human rights and the entrenchment of good governance based on the highest standards of honesty, probity and accountability.
The Edinburgh plan was later adopted by a meeting of the Commonwealth law ministers which held its meeting at the conclusion of the Commonwealth lawyers, judges and magistrates' colloquium.
Fiji continues to wallow without a parliament. The interim regime appears to have reneged on its commitment to hold general elections by March 2009. It continues to be a challenging time for democracy in Fiji.
The Fiji Law Society's annual conference took place last weekend. I took part in a panel discussion on the rule of law in an ethnically divided society. My central argument was that the constitution was the supreme law of the country and determined how it could be changed. I reminded the audience that purported attempts to change the constitution using mechanisms outside it were illegal and unacceptable.
All of us who care about the sacred flame of justice must continue to speak out against violations of human rights and the rule of law. I sincerely believe this is a true measure of our value as lawyers.
Best wishes
Graham Leung
Greetings from Cambodia
From Kouet Sekano, Cambodia
Thanks for your interest in my work and let me share what we have been doing in terms of Crime Prevention in Cambodia.
The Royal Academy for Judicial Professions (RAJP) is the only one judicial education institution of Cambodia. Thus, Crime Prevention is challenging topic to be taught to our student judges. Thus, we have developed a lot of Training manuals for judges and prosecutors. This regard, I would like to present you in brief of the training manual on Child Rights in Relation to Juvenile Justice and Child Victims of Criminal Offenses.
Concerning Crime Prevention, the RAJP recognize that child justice is a specialized field that needs to be deal with sensitively. By reasons of their young age and vulnerability, children whether victims or accused of crimes, are entitled to special case and protection. Therefore, Judges and Prosecutors should be equipped with the skills to handle children's cases with appropriate sensitivity and attention. this manual provides judicial professionals with a basic understanding of the psycho-social dynamics of children in justice system and inform them in best practices in interviewing, examining and dealing with such children in a child appropriate manner as following
- Psychology of the Child
- Understanding the psychology of children at different stages of development
- Be aware of the possible stress factors for children in the criminal justice system
- Be aware of the responses they can take to minimize such stress
- Laws and regulation on Child Rights
- Understand International laws and standards relating to juvenile justice and child victims of crime and their status in Cambodian Laws
- Learn how to identify and apply International instruments relating to child rights
- Juvenile Justice
- Be aware of the characteristics and difficulties facing children in conflict with the laws.
- Understand the characteristics and aims of a juvenile justice system
- Child Victims of Crime
- Be aware of difficulties facing child victims of crime
- Follow the correct procedures for dealing with child victims of crime as prescribed by law and good practice
- Interviewing and Examining Children
- Develop skills for interviewing children during investigation
- Develop skills for preparing children to testify in court
- Develop skills for examining children in court
Kouet Sekano
Greetings from Papua New Guinea
From Justice Mogish, PNG
Since returing to PNG I have tried to identify existing systems on crime prevention. And yes in PNG the Royal Papua New Guinea Constabulary in conjuction with business houses has a Crime Stopper program which is televised during the week. The aim of the program is to seek assistance from the public to identify suspects wanted in connection with criminal offences. And that program has been very successful. Persons wanted by police have been apprehended on information provided by a the public. Just last week a suspect involved in two previous bank robberies was apprehended with 12 of his accomplices.
I will be speaking to the Police to provide me with more information on their program and make them available to you and others.
Justice Mogish
Greetings from Solomon Islands
From Ronald Talasasa, Solomon Islands
Thanks for always keeping me informed of things happening there.
Last week the Criminal Justice Consultative Forum had its quarterly meeting and discussed among other things the establishing of the SI National Crime Prevention Council. Much of the support was from Save the Children Australia. Discussions about it centered on the following- whether to establish it as NGO since the main players are Police and want Govt to help it out as well as communities (civil societies). There are various crime prevention committees and community policing posts within the city.
For my part as the DPP, I have been busy doing routine jobs (prosecutions) and contributing to the maintenance of the rule of law. Honiara is currently experiencing frequent stealing offences especially by youths.
Ronald Talasasa
Indonesia and Thailand
We have not received messages from our colleagues in Indonesia or Thailand but if any news is provided this will be provided in the next newsletter.
Forthcoming Events
A National Victims of Crime Conference will be held in Adelaide South Australia on 23 & 24 September 2008. The Conference will be opened by the Premier of South Australia, The Hon Mike Rann MP. Keynote speakers will include Dr Jo-Anne Wemmers and Dr Irvin Waller. Details can be obtained from Victim Support Service - Conference Registration, PO Box 6610, Halifax Street ADELAIDE SA 5000 or at their website.
Further Asia Pacific Crime Prevention Forum
At a meeting held in March with the Honourable Bob Debus, Minister for Home Affairs in the Australian Government, a proposal for a further Forum was provided and funding was sought from the government to enable this to be facilitated.
The delegation from China's Ministry of Justice (see above) has supported the holding of a further Forum and indicated that China would be interested in attending.
We are still awaiting advice from the Australian government in response to the request. We will advise when a response is received.
PETER NORMAN
NATIONAL CHAIRMAN
ACPC
GPO Box 2465, Adelaide, SA 5001
Phone: +61 (8) 8204 0288
Email: peter.norman -at- courts.sa.gov.au