Pubdate: Wed, 22 Nov 2006 Source: Herald Sun (Australia) Copyright: 2006 Herald and Weekly Times Contact: http://www.heraldsun.news.com.au/ Details: http://www.mapinc.org/media/187 Author: Ellen Whinnett and Ashley Gardiner Bookmark: http://www.mapinc.org/find?199 (Mandatory Minimum Sentencing) LIBERALS TOUGHER ON CRIME RAPISTS will be jailed for a minimum of 10 years and murderers for 20 years under the Liberal Party's law and order policy. In the biggest proposed shake-up of sentencing laws in Victorian history, Opposition Leader Ted Baillieu vowed to take discretion away from judges and enforce minimum jail terms for violent criminals. Arsonists, armed robbers and pedophiles also are set to face mandatory minimum jail terms. The tough plans were welcomed by victims' groups but condemned by social justice campaigners and the Labor Government. Mr Baillieu said action was needed with murder, rape, indecent assault and other sex crimes on the increase over the past seven years under Labor. "Labor has failed in its duty of care to Victorians," he said. "A Liberal Government will provide the resources and support for police, justice and corrections officers to uphold the law and make communities safer." A Liberal Government also would introduce: ANTI-SOCIAL behaviour orders, where police would have the power to issue non-criminal orders on people causing a public nuisance or behaving in an intimidating way. AUTOMATIC prison terms for people who breach community service orders three times or more, known as "three strikes and you're in". PROVISIONS for young criminals aged under 17 years to be publicly named and identified. BANS on home detention. A FURTHER 800 police. THE broadening of extended supervision orders to cover all serious offences including murder and rape. The Liberals have decided on the 10-year and 20-year minimum terms for rape and murder, but would ask the Sentencing Advisory Council to set the minimum benchmarks for other serious crimes including arson causing death, some child sex abuse charges and kidnapping. Mr Baillieu denied that all discretion would be taken away from judges, saying they would still have discretion to depart from the minimum sentences but would have to justify their decision in writing. Cases where the judges departed from the minimum sentences would be subject to an automatic right of appeal by the Director of Public Prosecutions. Crime Victims Support Association spokesman Noel McNamara welcomed the policy, saying it was a great step forward and something victims had wanted for seven years. "We're apolitical but we'll be encouraging everyone to vote for them (the Liberals) because we think it's a great step forward," he said. Victorian Council of Social Service CEO Cath Smith said mandatory minimum sentences were unjust and would not bring crime rates down. "Fixing mandatory minimum sentences for all serious offences will put more vulnerable people in prison," she said. The Liberals did not include any costings for a new prison in their policy. Liberals justice spokesman Andrew McIntosh said the 200-bed prison announced on Sunday for drug traffickers would free room in prisons. Statistics show that the average minimum sentence for female murderers in the past five years in Victoria is 12.9 years, while male murderers in the past five years have received an average minimum sentence of 14.4 years. The average minimum sentence for rapists in the past five years is 4.75 years significantly less than the Liberals' planned 10-year minimum term. Police Minister Tim Holding said the policy was cheap and populist. "Our policy is that we do not support minimum mandatory sentencing because they fetter judicial discretion," he said. - --- MAP posted-by: Richard Lake