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| Victoria parole system under fire after Jill Meagher case | Victoria parole system under fire after Jill Meagher case |
| (4 months later) | |
| Apart from the utter horror of Jill Meagher’s rape and murder at the hands of Adrian Bayley, one other sentiment is widely shared by media and politicians alike in Victoria: the state’s parole system is broken. | Apart from the utter horror of Jill Meagher’s rape and murder at the hands of Adrian Bayley, one other sentiment is widely shared by media and politicians alike in Victoria: the state’s parole system is broken. |
| After all, how could a man found guilty of 20 rapes in a 23-year period be allowed to roam the streets of Melbourne’s inner northern suburbs after smashing the jaw of another man while on parole? | After all, how could a man found guilty of 20 rapes in a 23-year period be allowed to roam the streets of Melbourne’s inner northern suburbs after smashing the jaw of another man while on parole? |
| Coalition and Labor have been in furious agreement on the parole issue. Premier Denis Napthine said the regime had “failed Jill Meagher”, while the state opposition leader, Daniel Andrews, similarly denounced a “catastrophic and almost unspeakable failure of our system”. | Coalition and Labor have been in furious agreement on the parole issue. Premier Denis Napthine said the regime had “failed Jill Meagher”, while the state opposition leader, Daniel Andrews, similarly denounced a “catastrophic and almost unspeakable failure of our system”. |
| Meanwhile, Derryn Hinch, Victoria’s resident “human headline”, gravely intoned to camera that the failure was one of personnel. | Meanwhile, Derryn Hinch, Victoria’s resident “human headline”, gravely intoned to camera that the failure was one of personnel. |
| “The system didn’t fail. The people on the parole board failed,” he said on Today Tonight.“Bleeding hearts, civil libertarians, they failed. They were more concerned about the supposed rehabilitation of a serial rapist than the safety of our young women.” | “The system didn’t fail. The people on the parole board failed,” he said on Today Tonight.“Bleeding hearts, civil libertarians, they failed. They were more concerned about the supposed rehabilitation of a serial rapist than the safety of our young women.” |
| The state government has launched a review of the parole system, headed by Justice Ian Callinan, in the wake of Bayley’s case. Greater victim involvement in parole has been mooted, as has the complete scrapping of the parole system – a suggestion dismissed by Napthine. | The state government has launched a review of the parole system, headed by Justice Ian Callinan, in the wake of Bayley’s case. Greater victim involvement in parole has been mooted, as has the complete scrapping of the parole system – a suggestion dismissed by Napthine. |
| The desire to overhaul parole in Victoria concerns some law groups, who point to the fact that it has already been toughened up considerably over the past year. | The desire to overhaul parole in Victoria concerns some law groups, who point to the fact that it has already been toughened up considerably over the past year. |
| Following a series of murders committed by people on parole, the state government moved in February to bring in an automatic cancellation of parole for violent and sex offenders as soon as they are charged with a fresh offence. Around 600 people a year in Victoria breach parole conditions. Few of these people are violent rapists. | Following a series of murders committed by people on parole, the state government moved in February to bring in an automatic cancellation of parole for violent and sex offenders as soon as they are charged with a fresh offence. Around 600 people a year in Victoria breach parole conditions. Few of these people are violent rapists. |
| Sam Norton, co-chair of Law Institute Victoria’s criminal law section, said it would be difficult for Napthine to make the parole rules any tougher than they currently were. | Sam Norton, co-chair of Law Institute Victoria’s criminal law section, said it would be difficult for Napthine to make the parole rules any tougher than they currently were. |
| “There’s an erosion of the assumption of innocence if your parole is cancelled as soon as you’re charged,” he said. “There’s great concern that charged offences are never proved but you have people’s liberty taken from them. It’s open to manipulation by police members who want to take certain people off the streets. | “There’s an erosion of the assumption of innocence if your parole is cancelled as soon as you’re charged,” he said. “There’s great concern that charged offences are never proved but you have people’s liberty taken from them. It’s open to manipulation by police members who want to take certain people off the streets. |
| “Bayley is an extreme case. It’s incredibly difficult to assess systems when you look at a human being who is prepared to do things he’s done. We shouldn’t allow a single person and his atrocities to influence everything else.” | “Bayley is an extreme case. It’s incredibly difficult to assess systems when you look at a human being who is prepared to do things he’s done. We shouldn’t allow a single person and his atrocities to influence everything else.” |
| Norton said that if victims, who already have the right to contact Victoria’s parole board for information, were to have a greater input on parole decisions, then so should representatives for the offender. | Norton said that if victims, who already have the right to contact Victoria’s parole board for information, were to have a greater input on parole decisions, then so should representatives for the offender. |
| The state government’s top advisory body on parole, the Sentencing Advisory Council, released a report last year on the issue, with most of its recommendations taken up by the parole board. | The state government’s top advisory body on parole, the Sentencing Advisory Council, released a report last year on the issue, with most of its recommendations taken up by the parole board. |
| The report’s key recommendation was that community safety be placed at the forefront of parole decisions, but it also highlighted other areas of improvement, such as the risk assessment process and the transparency of decisions. | The report’s key recommendation was that community safety be placed at the forefront of parole decisions, but it also highlighted other areas of improvement, such as the risk assessment process and the transparency of decisions. |
| Arie Freiberg, chair of the council, said that while the organisation recommended a tightening of the criteria for granting release on parole, there was a danger that the thirst for change following the Meagher case would prove damaging. | Arie Freiberg, chair of the council, said that while the organisation recommended a tightening of the criteria for granting release on parole, there was a danger that the thirst for change following the Meagher case would prove damaging. |
| “Bad cases like Bayley’s tend to case a cast a bad light on system, but it has worked reasonably well,” he said. “The majority released don’t offend, go on to lead normal life. We tend to forget them. Hard cases make bad law, as the old saying goes.” | “Bad cases like Bayley’s tend to case a cast a bad light on system, but it has worked reasonably well,” he said. “The majority released don’t offend, go on to lead normal life. We tend to forget them. Hard cases make bad law, as the old saying goes.” |
| Freiberg pointed to the 23-person parole board’s lack of resources as he sought to explain how the system could allow Bayley to be free after committing a serious assault while on parole. | Freiberg pointed to the 23-person parole board’s lack of resources as he sought to explain how the system could allow Bayley to be free after committing a serious assault while on parole. |
| The parole board makes an estimated 10,000 decisions a year. This heavy workload, and the growing number of short custodial sentences, has seen Victoria’s prison population balloon. | The parole board makes an estimated 10,000 decisions a year. This heavy workload, and the growing number of short custodial sentences, has seen Victoria’s prison population balloon. |
| Despite still having the second-lowest imprisonment rate in Australia, Victoria’s prison population has risen by nearly 40% in the past 10 years, to nearly 5,000 people. | Despite still having the second-lowest imprisonment rate in Australia, Victoria’s prison population has risen by nearly 40% in the past 10 years, to nearly 5,000 people. |
| While a clampdown on any parole transgression could stop a further outrage similar to Bayley’s, some lawyers are concerned that a renewed focus on punishment will do little to curb crime in the long-term. | While a clampdown on any parole transgression could stop a further outrage similar to Bayley’s, some lawyers are concerned that a renewed focus on punishment will do little to curb crime in the long-term. |
| “The parole board are good people doing their best job [but] they move through decisions very quickly and they have an unmanageable workload,” said Hugh de Krester, executive director of the Human Rights Law Centre. | “The parole board are good people doing their best job [but] they move through decisions very quickly and they have an unmanageable workload,” said Hugh de Krester, executive director of the Human Rights Law Centre. |
| “Adrian Bayley was granted parole and from what I’ve read on the case I agree with others in that it should’ve been cancelled, especially with his history. But it’s critical that we don’t do away with the parole system. | “Adrian Bayley was granted parole and from what I’ve read on the case I agree with others in that it should’ve been cancelled, especially with his history. But it’s critical that we don’t do away with the parole system. |
| “All the research shows parole reduces risk of offending and the frequency and seriousness of reoffending.” | “All the research shows parole reduces risk of offending and the frequency and seriousness of reoffending.” |
| De Krester said the parole system needed “strengthening” by having better co-ordination with police and greater transparency for both offenders and victims. He also wants the parole board to lose its exemption from Victoria’s human rights legislation, to ensure “natural justice” is served in the decision-making process. | De Krester said the parole system needed “strengthening” by having better co-ordination with police and greater transparency for both offenders and victims. He also wants the parole board to lose its exemption from Victoria’s human rights legislation, to ensure “natural justice” is served in the decision-making process. |
| “The problem is that no one knows how parole works outside of the system,” he said. “The consequence of that is that mistakes are made. Offenders spend more time in prison than they should, but they are also released when they shouldn’t be.” | “The problem is that no one knows how parole works outside of the system,” he said. “The consequence of that is that mistakes are made. Offenders spend more time in prison than they should, but they are also released when they shouldn’t be.” |
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