AUSTRALIAN CLUB LAWS LEGAL CHALLENGES–Criminal lawyer Bill Potts, who is representing the Finks motorcycle club in a Queensland Supreme Court action, says the Government’s plan for a bikers-only jail could be open to legal challenge.
Mr Potts says the Commissioner for Jails has the power to impose such conditions in some circumstances, but the State Government is taking that provision too far.
“It seems the Government is effectively trying to force perpetual cruel and unusual behavior upon people for no good purpose,” he said.
“We are seeing yet another over-reach and another step by the Government to effectively [enforce] extreme punishment upon people in circumstances where it is quite unnecessary.”
The Queensland Opposition says the laws are being rushed through without proper scrutiny.
Yesterday Opposition Leader Annastacia Palaszczuk said more details were needed.
“I’m in the dark – just as all Queenslanders are in the dark – in relation to the raft of amendments the Government is going to propose,” she said.
“These laws – we need to get them right.
“They need to stand up to scrutiny in the High Court.”
More on the new Australian laws
Queensland Attorney-General Jarrod Bleijie said under the new Vicious Lawless Association Disestablishment Bill, motorcycle club members will be sentenced to an extra 15 years on top of the jail time awarded for the original offence.
If they are also an office bearer then they will be sentenced to another 10 years on top of that.
“A vicious lawless associate will be sentenced for the declared offence but will (be sentenced to) a further 15 years’ mandatory imprisonment cumulative to any imprisonment imposed for the declared offence and a further 10 years’ cumulative imprisonment if they are also an office bearer,” Bleijie said.
“The Bill makes clear that extra punishment is mandatory and cannot be reduced by the sentencing court.
“Further, parole does not apply to the extra punishment unless the associate co-operates with the law enforcement authorities.”
“The new punishment regime will apply to people who participate in the affairs of criminal organizations and commit offences of or for the purpose of participating in the affairs of the organization,” he said.
“Such offenders will be vicious lawless associates and subject to extra punishment beyond that which would apply to the commission of the declared offence.”
The Vicious Lawless Association Disestablishment Bill is one of three new colorfully titled pieces of legislation have been introduced to Queensland Parliament as part of the Newman Government’s campaign to ‘crush’ motorcycle clubs.
Believe has also introduced the Tattoo Parlors Bill and the Criminal Law Criminal Gangs Destruction Amendment Bill.
Mr. Bleijie said the laws would help the government “draw the line on criminal motorcycle gangs in Queensland”.
“The (Vicious Lawless Association Disestablishment) Bill is intended to deter individuals from participating in these criminal organizations, encourage persons involved in such organizations to cooperate with law enforcement to avoid severe penalties and break the morale of members in criminal motorcycle gangs,” said Mr. Bleijie.
He said penalties would include 18 months’ jail for any member of a motorcycle club found to own or operate a tattoo parlor, and up to seven years jail for those members who gather in groups.
Premier Campbell Newman said law-abiding motorcyclists had nothing to fear from the “world’s toughest legislation” but asked for their patience if police asked to see their credentials.
Ex cop says new Australian laws unfair
Tuesday, 15 October 2013
A criminologist and former cop says new Queensland laws will force bikers into a life on the run.
Former Gold Coast detective Terry Goldsworthy says the proposed laws are unfair and set a dangerous new precedent for double standards in Queensland.
He says there’s now one set of rules to deal with bikers who commit crimes, and another for non-club members who commit exactly the same offences.
Under proposed laws unveiled today, motorcycle club members who commit serious crimes face 15 years’ extra jail time.
For club office bearers, the penalties are harsher still: an extra 25 years on top of whatever they get for their original offences.
Other changes include a presumption against bail for motorcycle club members.
Dr. Goldsworthy says the changes, particularly around bail, will make it harder for police to nab bikers.
“If a biker thinks they won’t be getting bail, then they won’t be surrendering to police,” Dr. Goldsworthy said.
“They will be saying, ‘you can come and catch us, because once you catch us we won’t be able to get out’.”
Dr. Goldsworthy said that during his 20 years’ of policing on the Gold Coast, the majority of bikers confessed their crimes.
He doubts that will happen under the new laws because bikers know what stiff punishments they’re facing.
Dr. Goldsworthy says the new laws mean bikers will be serving time just for being bikers.
“It’s nothing to do with what they’ve done, rather it’s about who they are,” he said.
“Laws like this undermine uniformity and equity.”
He also believes bikers will simply find ways around the new laws.
Plans to crush club members’ motorcycles, for instance, would just force bikers to commit crimes in vehicles belonging to someone else.
“Then we have the dilemma of `do we crush grandma’s car because her grandson is a Bandido who committed an offence in it?'” Dr. Goldsworthy said.
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